A trademark is a symbol or a word(s) which is established by use over time and which can be duly registered. It represents a company or product. In order to have a trademark registered it must comply with all relevant law and procedures. Trademarks can be registered and it is always advisable to register to gain the full rights provided by jurisdictional laws. A Trademark is regarded as personal property in Ireland and as such it is subject to all of the benefits of personal property. For example, Trademarks can be subject to a charge or they can be duly assigned.
Licences can also be provided to allow for use of the marks in different jurisdictions. It is always advisable to register any transactions which take place (i.e- licence, charge, etc) with the relevant body, as proof of existence of the Agreement. In Ireland the law governing Trademark is the [Trade Marks Acts 1963 & 1996] and the [Patents (Amendments) Act 2006]. European Trademarks are governed by the [Trade Mark Harmonisation Directive 89/104/EEC], The [Council Directive 2008/95/EC], [Council Regulation 40/94], and [Council Regulation 207/2009]. Essentially, these pieces of legislation govern the law on how a trademark is duly registered and the rights thereafter afforded.
Clarke Jeffers provide full advice in relation to the registration, protection and enforcement of Trademarks.
In particular we advise in relation to the following areas:
– Preparatory work and trademark application
– Registration procedures
– Opposition application and defence
– Observation application and defence
– Invalidity applications and defence
– Revocation applications and defence
– Infringement applications
– In relation to unregistered rights we also provide advice on passing off
– Full advice on copyright matters.