Overview A trade mark is a sign which identifies and distinguishes goods or services as belonging to a particular producer. It serves to identify the product or service and gives customers assurance in relation to its origin. The civil wrong of passing off protects goodwill, brands and reputation. However, the registration of a trade mark significantly enhances protection and eases enforcement. Any kind of distinctive […]
Paris Convention The Paris Convention on the protection of industrial property rights was an early Treaty on the international recognition of trademarks, service marks, trade names, indication of services and the suppression of unfair competition. Under the Paris Convention, a priority claim entitled a claimant who had filed a trademark application in a Convention country to file and claim priority in other Convention countries within […]
Nature of Trade Mark A Trade Mark is a sign which is capable of being represented graphically and capable of distinguishing the goods and services of one business from those of another. It may include words, designs, letters, numbers, shapes or patterns provided that such signs are capable of being represented on the register in a manner which enables the Controller and the public to […]
Earlier Mark A trademark protects against the use of an identical mark for identical goods or services and against similar or identical marks for similar or identical goods or services. Where the identical marks are for identical goods and services, there is no need to prove a likelihood of confusion. In the case of similar or identical trademarks for similar or identical goods and services, […]
Defences The use of a valid trade mark in relation to goods and services covered by them is a defence to infringement proceedings. Accordingly, a registered trade mark shall not be infringed by using another registered trade mark in relation to goods or services for which the latter is registered. This defence would not be available if the registration as a trademark is invalidated. Own […]
Action for Infringement A trademark allows the owner the exclusive use to use the trademark in the country in which it is registered. Unlike the case with a civil action for passing off, it is not necessary to establish a reputation or likely loss Proceedings to restrain unlawful use may not be brought before the publication of registration. An Irish trademark gives exclusivity only in […]
Nature of Right A registered trade mark is personal property. Where two or more persons are registered as joint owners of a trade mark, the rights to the use of the trade mark are vested in those persons as if those rights were vested in a single person. The rights of any one of the persons who are registered as joint owners of a trade […]
Duration and Renewal A trade mark shall be registered for a period of ten years from the date of registration. Registration may be renewed for further periods of ten years. Subject to payment of the prescribed renewal fee, the registration of a trade mark may be renewed at the request of the owner. Where the request is submitted or the fees paid for only some […]
Application for Registration An application for registration of a trade mark is made to the Controller in a prescribed form. The application must state that the trade mark is being used, by or with the applicant’s consent, in relation to the goods or services specified in the application or that the applicant has a bona fide intention that it should be so used. The application […]
Owner’s Rights The owner of the registered trade mark has the exclusive rights in the trade mark. Such rights shall be infringed by the use of that trade mark in the State without the owner’s consent. Restricted acts, if done without that consent, constitute an infringement of the owner’s rights The owner of that registered trade mark is entitled to prevent all third parties from […]
European Trademark The European Community Trademark allows for a single unitary trademark enforceable directly throughout the EU. It is necessary to register the trademark. It may consist of signs capable of being represented graphically, including names, designs, letters, numerals, and the shape of goods or packaging. The signs must be capable of distinguishing the goods and services of one business from that of another. The […]