Obtaining official trademark registration
There are some advantages to be gained from trademark registration.
... advantages of registered trademark
There are several reasons to register trademarks. Some trademark registration advantages include:-- priority for the trademark
- priority for trademark relating to the goods/services involved
- priority for the country where it is legally registered
- establish title, like property rights, legally and formally for the trademark.
obtain priority for the registered trademark for the goods and services in the country registered
Establish legal priority with registered trademarks
One of the advantages of trademark registration is the date the application to register a brand is received by the regulatory authorities establishes legal priority for a registered trademark.
The Trade Marks Act, 1996 legislates for trademark registration in Ireland (Rep.).
Specific legislation in Ireland applies to registered trademarks. There also is legislation governing trademarks in the EU. Most countries also have special laws dealing with trademarks.
Ireland is a party to the Madrid Protocol, which is an international agreement. This allows an Irish or Community trade mark to be registered in around 80 countries based on the national or EU trademark.
 |
 |
Advantages of registered trademarks include
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 a monopoly right.
- Once a trademark is registered, the owner holds certain exclusive rights to use it.
- Trademark registration prevents competitors from copying your intellectual property.
Registered trademarks are quite powerful assets
- registered trademarks can be a barrier to entry
- registered trademarks can help to reduce copying
- registered trademarks can help to ensure you are not infringing others trademarks
- you get title to pass on to successors with a registered trademark
Other benefits of registered trademarks include
Other selected benefits of registered trademarks include: -
- A registered trademark can be assigned, conveyed, or licensed.
- Royalties can attach to licence arrangements regarding use of a registered trademark.
- No stamp duty applies on transfers of registered trademarks in Ireland (Rep.).
- The lower rate of Capital Gains Tax (i.e. 22%) 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 application can be used as the basis for international filings for certain other countries if an international filing is made within 6 months of the Irish application.
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 ....
Some interesting trademark cases and monopoly rights
Some information about a few interesting trademark cases is in our trademarks cases page. 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 to get a definition of a trademark go to what is a trademark?.
Why trademarks matter for consumers
Trademarks can have many functions. It may be useful to learn why trademarks matter for consumers.