About trademark law
The system governing registering brands as trademarks falls within specific trademark laws. Battle For Trademarks Ltd. concentrates almost exclusively on trademarks.
Most countries now have trademark law that applies to trademarks. In Europe, trademark law also falls within the scope of certain regulations governing trademarks.
Trademark law Ireland - Trade Marks Act, 1996
Irish trademark law is regulated under the Trade Marks Act, 1996, and under the EU trade mark regulations. This trademarks act provides laws in particular for the registration of trademarks in relation to goods as well as 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 a 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 - a 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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"... very capable ..."
T. McCullagh, Managing Director, Southside People
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 also 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 classifying goods/services, 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.
Both consumers and providers of goods/services need trademark laws for markets to function
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.
Consumers need trademark laws so that they can rely on the trademarks. If the business names are imitations, copies or counterfeit, then consumers could be exposed to being cheated in terms of price, quality or service. Trademarks serve useful functions for consumers in trade.
... 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 assist owners to register trademarks.
The complexity of trademark laws
For applications to register trademarks, the trademark 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.
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 confusion in 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 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. See our page trademark agreements.
... 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 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 organizations will apply to 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 sue imitators in certain circumstances. Occasionally, trademark disputes come before the courts. There are several precedent trademark law cases that can guide trademark users.
... insights into trademark agreements
Several trademark cases can involve 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 For Trademarks Ltd. offers, especially for applications to register trademarks, the following trademarks services: -
- preparation of documentation for trademark applications,
- trademark consultancy and advice,
- handling of issues arising from trademark examinations,
- certain trademark searching services,
- advice on trademark disputes,
- negotiation of trademark agreements,
- opinions on trademark legal issues.
For some trademark fee details visit our trademark fees page.
... register trademarks for trademarks powers
Organizations are constantly looking for ways to improve their market position. They also want to enhance asset values. Enterprises need the support of trademark law to build their enterprises, and use trademark law in the following circumstances: -
- to legally protect their brands, names and logos,
- to secure a statutory monopoly for further investment,
- to turn brands into property-like assets,
- to obtain a secure and sharper competitive edge in your territory, and
- to legally establish your intellectual property rights.
Moreover, we suggest that you should seek to obtain trademarks services with the following characteristics: -
- to put you in the driving seat in terms of cost control
- to obtain strong responsive support in terms of quality of service and,
- to get solid advice from a firm that concentrates purely on trademarks.
More Battle trademark services
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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.