Intellectual Property
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
Customs & Trade
In relation to unregistered rights we also provide advice on passing off
Full advice on copyright matters
FAQs
View our frequently asked questions.
Intellectual Property refers to creations of the mind such as inventions, literary and artistic works, symbols, names, images, and designs. Intellectual property is an intangible asset that can add substantial value to a business and can provide that competitive advantage over your competitors.
A Trademark is a protected intellectual property right. It is a sign or symbol that is capable of distinguishing good and services of one enterprise from those of other enterprises.
If you have a registered trademark and you believe your rights in respect of same are being infringed, you can sue for trademark infringement. In addition, you can use your earlier registration to oppose an application by another person to register a trademark.
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work can be literary, artistic, educational, or musical.
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