About trademark registration
Trademark registration can be appropriate for a wide range of businesses. Service organizations can also register trademarks.
Officially, countries provide legal trademark registration to regulate trade, and to seek to reassure consumers of the integrity of the source of origin of goods or services, via trademarks.
The process of trademark registration can take time, depending on the country and the trademark involved. Part of the process includes publication of the trademark application, prior to trademark registration. This allows third parties to officially file a trademark opposition to the registration if it is perceived as conflicting with their earlier rights.
Are there any trademark registration advantages?
Some of the main advantages of registered trademarks include the following: -
- Once registered, a brand obtains rights equivalent to registered title, like property.
- The property right in a registered trademark is regarded as an exclusive trademark monopoly right, that can only be used by the owner.
- Once a trademark is registered, the owner can prevent others from using it without consent.
- Trademark registration prevents competitors from copying your intellectual property.
- An organization invests in its name, logo or branding. It is important that laws support the organization with a secure system to promote its goods/services securely under its badges of origin. This is to enable customers to repeat the experience.
Some benefits of trademark registration
Some benefits of trademark registration and registered trademarks include: -
- A registered trademark can be assigned, conveyed, or licensed only with your consent.
- Royalties can attach to licence arrangements regarding its use.
- No stamp duty applies on transfers of registered trademarks in Ireland (Rep.).
- The lower rate of Capital Gains Tax (i.e. 20%) applies in Ireland (Rep.) to capital gains earned on registered trademarks [check with your tax advisers].
- A registered trademark can be held in your own name or in your company's name.
- A registered trademark is more powerful than a registered business name because monopoly rights attach to the registered trademark (not to the business name) for the classes of goods/services registered.
- A registered trademark is evidence of title.
- There are rights and remedies dealing with infringement of registered trademarks under the Trade Marks Act, 1996.
- The national rights embodied in a registered trademark extend over the whole country, which is much larger than the few thousand square feet contained in a single premises.
- An Irish trademark application can be used as the basis for international trademark applications for certain other countries if an international filing is made within 6 months of the Irish application.
Advice on trademark registration
The legal system is designed to support trademark registration. On occasions, organizations need some assistance with trademark matters. Because Battle For Trademarks Ltd. concentrates almost exclusively on rademarks, we may be of assistance in the future.
Circumstances when a trademark should be considered
There are many circumstances when an organization should consider obtaining a formal trademark.
To see a few examples of why an organization might want to have a trademark, visit register a trademark if ....
 |
"... is your name really unique? ... why trademarks matter ... a story about 3 magazine names"
To see what could happen when more than one party uses a similar name, go to our page with a story about 3 magazine names, to help understand why trademarks matter.
Or click link to find out what a trademark is?.
Trademarks can serve consumers as well.
 |
Consumers can also rely on trademarks.
Perhaps you buy brands you like?
".. Are trademarks good for consumers? ..."
Trademarks can be important for consumers. It may be useful to learn whether trademarks are good for consumers. Many people would be surprised at the conclusions.
 |
"... learn about some interesting trademark cases & monopoly rights ... "
The use of trademarks in trade shows that holding a strong 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.
Providing other trademark services
We deal with several trademark matters, including trademark searches, trademark applications, trademark oppositions, trademark infringement, and trademark agreements.
For a more complete range of our trademark services please see the other trademark pages on this site.