Advice to defend business names |
Some trademark disadvantages
Owning a registered trademark can have some disadvantages. Once a trademark is registered it has its title recorded. This is recorded (i) for a certain territory or country, (ii) for certain goods or services, (iii)for a certain period, and (iv) subject to the trademark laws in force.
 |
"... if you like fixed costs as much as we do, then you will like Battle's services ..."
G. Moore Brady, Managing Director, Fuschia
Main trademark disadvantages
BATTLE's Top 10 trademark disadvantages
As owners of our own registered trademarks, we believe that obtaining a registered trademark can deliver more benefits than not owning one. Many large corporations often will not put a new branded item on the market, without first having registered a trademark. However, some disadvantges of trademarks may be listed. Battle's top 10 disadvantages of a registered trademark include the following:-
- There are costs to register a trademark,
- Renewal fees to renew the trademark are payable every 10 years,
- The trademark must be used in trade within a certain time,
- The trademark must be used continuously,
- If you change the trademark, it may be necessary to obtain a new registration,
- If you use the trademark for other goods/services, you may need to get the trademark registered for such goods/services,
- During the trademark application process, the application may be opposed by owners of other earlier trademarks,
- A trademark may be subject to being revoked in certain circumstances,
- A trademark can be invalidated if it has not been correctly registered, or if the registration has not been in accordance with the law,
- Earlier rights may attach to another owner.
Many of the disadvantages can be addressed by trademark owners. However, sometimes it can be appropriate to consult someone who concentrates on trademarks as part of their business. They may be able to deal with the particular trademark issues that may arise.
Top 10 reasons to register a trademark
To see BATTLE's top ten reasons to register a trademark go to top 10 reasons to register a trademark.
You may need to enforce your trademark rights
Once you own a registered trademark, you may find another party seeks to use your reputation by copying the business name or using another confusingly similar trademark.
Many large organizations adopt policies to pursue competitors who appear to be infringing their trademark. If the brand is successful, this can be a necessary part of an organizations activities. Companies with strong brands that are registered trademarks, like Louis Vuitton, take vigorous action against counterfeiters. This can be costly. However, they have been awarded substantial damages by the courts in some cases. However, the powers contained in their registered trademarks, and their enforcement, all contribute to making the brand even more valuable.
Register a trademark if? ...
Why should people register a trademark?.
When should you register a trademark?
Go to our page register a trademark if ....
There can be pitfalls with names or trademarks
A new name, SOLAS, was proposed to replace the name for Ireland's state training authority, FÁS. However, a similar name is being used by others, and in particular by the Solas Centre in Waterford, by an Irish IT consultancy firm, as well as by a bar and restaurant in Dublin city.
In selecting names for organisations, one objective should be to avoid a likelihood of confusion. For a further example of similar names, visit our page why trademarks matter.
Building your reputation in trademarks
Trademarks can be used by organisations to build identity, convey a reputation, and to develop goodwill over time.
A consumer buys your reputation, honesty and integrity in a trademark.
Organisations seek to develop a trademark into something a consumer can trust.
Owning a registered trademark can be core to safeguarding the name. Registered trademarks can be important for position and power in a sector or in relation to certain goods or services. Our customers use registered trademarks to obtain greater security, safety and strength for their logos, names and brands. We assist customers with some of the pitfalls should they arise. Sometimes, trademark disputes can occur. We have acted for parties on both sides of disputes, so we have insights into the process. See our pages for trademark disputes and trademark agreements.
A few trademarks cases
The use of trademarks in trade helps to illustrate that holding a stronger position, with properly protected legal rights, can help both traders and consumers. Sometimes, owners of good brands take action to ensure their trademark rights are respected. We list a few trademark cases to show the power of trademarks.
Some information about a few interesting trademark cases is in our trademark cases page.
More Battle trademark services
 |
Battle advises organizations, solicitors, and accountants' clients on a range of matters concerning trademarks. Click here to see more Battle trademark services for our range of other trademark services.