A trademark is a symbol or a word(s) which is established by use over time and which can be duly registered. It represents a company or product. In order to have a trademark registered it must comply with all relevant law and procedures. Trademarks can be registered and it is always advisable to register to gain the full rights provided by jurisdictional laws. A Trademark is regarded as personal property in Ireland and as such it is subject to all of the benefits of personal property. For example, Trademarks can be subject to a charge or they can be duly assigned.
Licences can also be provided to allow for use of the marks in different jurisdictions. It is always advisable to register any transactions which take place (i.e- licence, charge, etc) with the relevant body, as proof of existence of the Agreement. In Ireland the law governing Trademark is the [Trade Marks Acts 1963 & 1996] and the [Patents (Amendments) Act 2006]. European Trademarks are governed by the [Trade Mark Harmonisation Directive 89/104/EEC], The [Council Directive 2008/95/EC], [Council Regulation 40/94], and [Council Regulation 207/2009]. Essentially, these pieces of legislation govern the law on how a trademark is duly registered and the rights thereafter afforded.
Clarke Jeffers provide full advice in relation to the registration, protection and enforcement of Trademarks.
In particular we advise in relation to the following areas:
- Preparatory work and trademark application
- Registration procedures
- Opposition application and defence
- Observation application and defence
- Invalidity applications and defence
- Revocation applications and defence
- Infringement applications
- In relation to unregistered rights we also provide advice on passing off
- Full advice on copyright matters.
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I found Victor and Staff very professional to deal with but in a friendly and relaxed fashion, the advice and confidence I gained from this team was second to none and I am very grateful to all at Clarke Jeffers for their help over the past 12 months. I would recommend them without hesitation for all aspects of Legal Advice.
We’ve worked closely with Clarke Jeffers over the last 8 years and I cannot recommend their services highly enough. We’ve always found their staff to be highly professional, responsive and they have helped us resolve issues quickly.
Victor has an excellent understanding of the business of franchising, I found his advice invaluable when I was starting my own business and negotiating my contract, I would have no hesitation in recommending Clarke Jeffers for sound business and legal advice’.
As Ireland’s largest chain of fitness clubs and a key player in the Irish franchising sector, we have been involved in numerous commercial transactions, negotiations and of course the odd conflict along the way! Victor and the team at Clarke Jeffers has been an invaluable asset to us on this journey. From when we started in 2005 with our first club and our first member to a membership today of over 25,000 in Ireland alone, Clarke Jeffers has been there every step of the way.
We have always been very happy with the representation and advice from Clarke Jeffers. Firstly they are proactive and on the ball, secondly they have a “what we can do as opposed to what we can’t do approach. They possess the type of forward thinking that a progressive business such as ours demands.
We have worked with Clarke Jeffers & Co solicitors for many years. They have consistently given us clear and easy to understand advice. Most importantly, they have give us effective advice. A very professional outfit.
As an Irish international rugby player I am used to having people I can rely on, both on the pitch and off. Clarke Jeffers, to me is a safe pair of hands whose integrity cannot be questioned. They provide me with advice I can trust. That to me is what is important.
When it comes to food and beverage we have a one stop shop in Clarke Jeffers. They know the industry, they know what’s required and most importantly, they know how to provide it quickly. For a luxury hotel and golf resort, that is priceless.
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