Trade Mark Frequently Asked Questions:
A trade mark is any sign, capable of being represented graphically that can be used to differentiate the goods and services of one undertaking (your business) from the goods and services of another undertaking (your competitors). Trade marks consist of words, logos, tag lines, sounds (jingles), get-up, colours, shapes and even smells. It is common for businesses to have several trade marks. Examples of familiar trade marks include Guinness ®, the McDonalds Golden Arches logo and McDonalds tagline “I’m lovin’ it”.
Most importantly, trade marks facilitate repeat purchases as they allow customers to clearly identify your goods or services so that they can make those repeat purchases.
A registered trade mark prevents others from using the same trade mark
By registered your trade mark, you can prevent other parties from using the same or a confusingly similar trade mark. Therefore, you can ensure that your customers can make repeat purchases by buying your goods or services. A registered trade mark is prima facie evidence of ownership of the trade mark. Therefore, it is possible for the owner of a registered trade mark to quickly establish ownership in a court of law and prevent third parties use of an identical or a confusingly similar mark. This can be far quicker and more predictable than alternative remedies such as an action for passing off.
A registered trade mark has significant value
Trade marks are perhaps the most valuable asset a company has and the goodwill of a company is connected to the trade mark. A study by Interbrand in association with JP Morgan concluded that on average brands account for approximately one third of shareholder value. In 2002, the “Intel” brand alone was valued at over $30 Billion which was approximately 22% of the total market capitalisation.
Registering your trade mark can avoid expensive re-branding down the line
By carefully choosing and registering your trade mark, you can obviate the possibility of having to re-brand and the associated costs of carrying out the re-branding. Even for a relatively small scale operation, the cost of re-branding can run to several hundred thousand euro.
No, registering your trade mark and registering your business name are two entirely separate matters. Simply because you have registered a business name does not allow you to stop someone from using the name as a trademark.
Yes, the Community Trade Mark (CTM) system allows you to obtain trade mark protection covering all of the EU member states.
No, there is no such thing as a worldwide trade mark however the Madrid Protocol allows applicants to file a single International application covering a large number of countries at the same time. Presently, there are over 80 countries that are party to the Madrid system.
There is no limit to how long registered trade mark protection can last. Many of the most successful and well-known registered trade marks are over a hundred years old. Usually, renewal fees are charged every ten years or so in order to keep the trade mark in force.
Yes. Unlike patents, it is not essential that the trade mark is kept secret prior to registration. It is quite common for trade marks to be in use for several years prior to registration. However, it is better to register the trade mark as soon as possible. Therefore, it is not too late to file for registered trade mark protection if you have not already done so.
You should protect your trade mark in those countries that you intend to trade your goods and/or services in.
All goods and services are separated into 45 distinct classes according to the Nice Classification system. Under this system, each class relates to a particular field of commercial activity, for example, textiles are contained in class 24, meat, fish, poultry and game are contained in class 29 and computer programming is contained in class 42. The classification consists of 34 classes of goods and 11 classes of services. When a trade mark is registered, it may be registered in respect of a particular product or service within a single class or for several of the goods or services within that class. Furthermore, it may be registered for goods and services in a number of different classes.
No. We believe that you will be pleasantly surprised at how inexpensive registering your trade marks can be. The cost of obtaining protection will largely depend on where you wish to obtain trade mark protection and the number of classes that you require protection in, however, it is possible to obtain a registered trade mark in Ireland for approximately a thousand Euro and a registered trade mark covering all EU member states for under a few thousand Euro.
In order to begin the process, we need you to provide us with a representation of the trade mark that you wish to protect. If the trade mark is provided in colour, we require a copy of the trade mark in colour. Also, we require a description of all the goods and/or services that you currently provide or intend to provide under the trade mark. Finally, we need to know where you are trading or intend to trade.