Frequently Asked Questions

1. What is a registered trademark?

A registered trademark is a property right obtained by registration of the trademark under the laws of the country where the trademark is used. Trade mark agents can help in structuring an application to register a trademark, and in meeting the trademark registration legal requirements involved.

2. What is the difference between trademark registration and business name registration?

In the Republic of Ireland, where you trade under a name, other than your Christian name or company name, you have a legal obligation to register this business name (under the Business Names Registration Act 1963). Business names are not protected under this act from copying or from duplication and no brand protection or name protection is granted under this legislation.

A trademark is the only effective protection of business names, logos, brands or trademarks, they must be registered as trademarks. Applications for registration of brands or logos as trademarks can be made under the Trade Marks Act, 1996 and under the EU legislation governing Community Trade Marks. Trademark registration confers significant and powerful rights to owners of the trademarks.

3. How much does it cost to register a Community Trademark?

For standard trademark registration, which includes 3 classes, we charge €900. In addition to our fees, the OHIM will charge €900 to process a trademark application. Therefore allow €1,800 for each trademark application.

4. Can I include more than one trademark in an application?

Each trademark application can only contain one trademark. This means if you wish to protect several different marks (different meaning that they are spelt differently or where there is a logo, that the distinctive elements of the logo are different.) then you will be required to file separate trademark applications with separate costs for each trademark. Please feel free to speak with us if you feel concerned that you have a number of trademarks that you need protecting. We frequently advise clients as to the core elements that require protection, which frequently reduces the cost and number of filings.

5. What is the role of a trademark agent?

A trademark agent acts on behalf of the owner of a trademark. The trademark agent deals with the registration procedures and suggests ways that the trademark application can be structured, assists with technical examination, deals with the regulatory authorities queries, handles trademark classification issues, provides evidential requirements to regulators.

Trade mark agents also can help in trademark opposition, negotiations and settlement.

6. How long does trademark registration last?

A registered trademark lasts 10 years. Registered trademarks are renewable indefinitely for successive 10 year periods on payment of renewal fees.

7. How do I know in which classes to register?

Your Trademark Agent will assist you in deciding what classes you should register your trademark under.You may also check the classes’ headings here.

8. Can an application to register a trademark be rejected?

An application to register a trademark can be rejected, withdrawn or opposed. A trademark agent will usually indicate their views on the registrability of a trademark prior to filing registration.

9. What can a registered trademark consist of?

A registered trademark may consist of words, designs, letters, numerals of the shape of goods or their packaging.

10. What trademarks can be registered?

A trademark can be registered if it is a sign capable of being represented graphically and which is capable of distinguishing the goods and services of one undertaking from those of other undertakings.

Logos, brands, signs, can be registered as registered trademarks when they meet these requirements.

11. What does opposing a trademark registration mean?

Assuming an application to register a trademark passes the initial examination, rectification and observation, the trademark, following acceptance and publication, is then open to objection from third parties, for a limited period for three months.

Third parties can bring opposition proceedings to protect their own brands and market positioning, depending on the circumstances. Trade mark agents assist their customers in filing or responding to opposition proceedings. After publication, the trademark then progresses towards formal registration and to payment of relevant registration fees.

12. what is the different between a trademark agent and a trademark attorney?

There is no difference between a trademark agent and trademark attorney and these terms are used interchangeably. However, it is important to note that not all trademark agents are qualified solicitors. In some cases, a qualified solicitor may be in a position to provide advice on trademarks depending on his experience or background.

13. I am setting up a new company and want to use a trademark but I am aware that another company is using something identical or similar. What can I do?

If you are setting up a company or a business that has not commenced trading you have the best opportunity to devise a unique and distinctive logo to brand your business. If you have any information that would suggest the brand you wish to use is already in use, then our advice is always to go back to the drawing board and devise something unique and original.

14. What makes a good trademark?

A good trademark is something unique and distinctive. Ideally it is a word that you have invented and that does not exist in the English language. Alternatively, you can use an existing word in a completely different context so that its use becomes unique. Combinations of words and misspelling of words is also sometimes used, however this does not always insure that a trademark will be considered distinctive.

15. What kind of trademark will be rejected?

Trademarks which are descriptive (describing the services or products you supply), trademarks which are lacking any distinctiveness, trademarks containing peoples names or state symbols.

16. I have a registered business name/company name and/or domain name - do I need to register a trademark?

Registering a company or business name does not provide you with any rights over that name. It is simply the permission of the Companies Registration Office to use a certain name in connection with your business. Similarly, registering a domain name does not provide you with any protection or rights - it is merely the permission of the internet domain registry to use that domain. A registered trademark is the only way to acquire any ownership over a word or brand. it provides you with the exclusive legal rights to use the trademark and allows you to prevent other people from using the trademark without your permission.

17. A competitor of mine is using my trademark as a key word in Google to redirect traffic away from my site to the competing site. Is there anything I can do?

If you have a registered trademark over a particular word or group of words, this can be sent to Google who will refuse to accept any key word bids against that registered trademark. This can be an effective and speedy remedy that does not involve a court application.