Trademark law Ireland - Trade Marks Act, 1996
Irish trademark law is regulated under the Trade Marks Act, 1996. In passing this act on trademarks, the law provided in particular for the registration of trademarks in relation to services. The trademarks laws are operated in conjunction with some international agreements dealing with trademarks and intellectual property. This includes harmonization with trademark laws on the Community trademark, and with the Protocol to the Madrid Agreement concerning the international registration of trademarks, and provisions of the Paris Convention for the Protection of Intellectual Property.
... property is key concept behind trademark laws
Property is a key concept behind getting a trademark registered. Trademark registration can effectively provide "title" to a trademark, and legally establishes such title for the territory involved.
... boundary can extend across a whole country - concept behind trademark laws
Just as property has boundaries, so too do trademarks, and the trademark laws are framed to establish this. One of the differences between property consisting of buildings, and trademark property, is that the trademark property, when registered expands to cover the whole country where it has been registered and used as a trademark. The trademark territory can be expanded to other countries, assuming the trademark is not previously registered or used there.
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Obviously, the territory applying to registered trademarks can be considerably larger than the size of a business premises.
... goods/services and trademark law
The boundary is set for the goods or services involved. This involves a system for registering trademarks according to the goods or services that they are used for.
... Nice Classification system and trademark law
An international system is used for this, called the Nice Classification system. It is up-dated every five years. The Nice Classification system groups goods and services into 45 different classes. The application to register a trademark lists the goods or services in accordance with the Nice Classification system.
Ireland and most countries provide attractive laws to allow holders of intellectual property legally establish such rights, subject to following certain procedures, for example trademark registration. As trademark agents in Ireland we seek to increase the value of intellectual property rights, concentrating especially on protecting trademarks, brands or logos for customers. One of the ways we do this is by registering brands in Ireland and other countries.
... monopoly rights - another concept behind trademark laws
When you apply to register a trademark, you are given exclusive rights by the State to use the trademark, subject to certain conditions. BATTLE seeks to obtain statutory monopoly rights for our customers' brands, names, logos and trademarks. This helps to establish legally recognised intellectual property rights in their trademarks. As trademark agents or trademark representatives, we seek to register trademarks for owners. We aim to provide solid supportive trademark services to all customers. To date we have built our business on a solid foundation of core values that treat our trademark customers with respect, and we offer good value for money.
The complexity of trademark laws
For applications to register trademarks, the laws and processes can be quite complex, and time consuming. Because, trademarks are registered with national state bodies, the legislative procedures, the trademark examination process, and the classification of goods and services are all integral parts of protecting your brand.
... other aspects of trademark laws
Trademark laws can be quite specific, and help to protect registered trademarks. To register a trademark, the brand or logo must meet the legal requirements. Some of the trademark laws deal with the following issues: -
Some of the trademark laws deal with the following trademark issues: -
- what comprises a trademark;
- whether the trademark qualifies to be registered;
- whether it is of disadvantage to an earlier registered trademark;
- the definition of infringement in Ireland;
- the matter of honest concurrent use;
- how to oppose registration of a trademark;
- protection for state emblems and the national flag;
- trademark registration shall be refused where there is likelihood of confusion; and,
- international trademark registration.
... big companies register trademarks before product launch
Most large-scale trademark owners will register a trademark BEFORE the goods or services are launched on the market. This reduces the chances of trademark disputes, and strengthens market positioning versus competitors.
... trademark litigation
Owners of registered trademarks sometimes sue imitators. Occasionally, trademark disputes come before the courts. There are several precedent trademark law cases that can guide trademark users.
... insights into trademark agreements
We have worked on several trademark cases that involved negotiation of trademark agreements. Completing trademark agreements can help trademark customers to arrive at a mutual understanding about using trademarks in certain cases. A trademark agreement can assist parties to agree on the scopes of their trademarks, and to reduce potential for conflict in the future.
BATTLE offers, especially for applications to register trademarks in Ireland, the following:
- Fixed fees to allow for certainty in trademark costs;
- No time-based fees - our competitor trademark agents prefer hourly fees - if you really want this we can quote;
- No setup costs to have us act as trademark agents in Ireland;
- No hidden charges to register trademarks;
- Free trademark searches in Ireland for customers who use us to make applications to register trademarks - for more details visit our trademark fees page.
- All-in clear-cut pricing to register trademarks;
- Responsive support; and,
- Better competition against our trademark competitors.
... register trademarks to get stronger position
Businesses are constantly looking for ways to improve their market position. They also want to enhance asset values. BATTLE® provides quality business value enhancement services to customers. We provide services :
- that protect brands,
- that help you get a statutory monopoly,
- that turn brands into property-like assets,
- that give you a sharper competitive edge in your territory, and
- that legally establish your intellectual property rights.
Moreover, our trademarks services are attractive because :
- We put you in the driving seat in terms of cost control
- We offer other trademark agents strong competition, and,
- We can provide other many add-on trademark agents services, like advice on trademark agreements or trademark opposition in Ireland.
Our trademark customers benefit from
- stronger brand protection,
- statutory monopoly rights with registered trademarks,
- stronger trademark assets,
- expanded territorial protection for registered trademarks,
- more secure market positioning when you register a trademark,
- responsive service for trademarks,
- attractive trademarks packages offered to both small and large customers.
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Battle For Trademarks gives supportive trademarks services - for registered trademarks We are proud of our trademarks service record. |