Do I need to register my trade mark if I already have the same name registered as a business name at the Companies Office?

Registration of a business name or company name at the Companies Office grants no rights to the use of that name. Statutory rights in a name can only be obtained by registering it as a trade mark, although in some instances, common law rights, such as goodwill, can be obtained by use of the brand.

What is the difference between the symbols ® and TM?

The ® symbol or the word “registered” may only be used once a trade mark has been registered, and, in many countries, it is an offence to use that symbol or word in relation to an unregistered trade mark. The TM symbol may be used even though the trade mark has not been registered.

I have launched a new product, and now I have received a letter from X Limited saying that my trade mark infringes their registered trade mark and that I must stop all further use, withdraw the product and pay damages

The response would depend on whether the trade marks and the products/services are the same or similar, and, in some instances, on whether X Limited has used its trade mark. In many cases, matters can be settled without expensive litigation in court. It is very important not to ignore such a letter and to respond appropriately. To avoid such a letter being sent, it is strongly recommended that, before adopting a new name, logo, etc., a search be conducted in the trade mark register databases of the territories where the product will be used to ensure that a similar trade mark is not already registered. A search through Google or another search engine is not sufficient, nor is securing a company or domain name.

What happens if someone infringes my trade mark?

If someone infringes your trade mark, you may be able to seek legal remedies, damages or an injunction to stop the infringing activity. Early advice is important so that evidence, risk and commercial options can be assessed.

How can I enforce or monitor my trade mark rights?

We provide services to monitor and enforce trade mark rights through watching services, opposition proceedings, cease-and-desist letters, and negotiation.

What are the potential risks of not registering a trade mark?

Not registering a trade mark can result in loss of legal protection, potential legal disputes, weaker enforcement rights, geographical restrictions on your use and damage to your business’s reputation or brand identity.

How can a trade mark be used for licensing or franchising?

Trade marks can be licensed or franchised to others for a fee, allowing them to use the mark in connection with agreed goods or services. Properly drafted and recorded agreements help protect the value and validity of the trade mark.

Can I register a trade mark internationally?

Yes. Trade marks can be registered internationally by filing individual national applications, territorial registrations, or via an international trade mark registration route known as the Madrid Protocol.

Do I need to register my trade mark just once?

Your trade mark must be renewed periodically. In Ireland, the UK and the EU, this is every 10 years. Renewals are important because a lapsed registration can weaken your brand protection. In some countries, e.g. the USA, to maintain a registration, it is also necessary to periodically file a Declaration of Use and provide evidence that the mark is in use in commerce in the USA for relevant goods or services.

What are the benefits of registering a trade mark?

Registering a trade mark provides legal protection, exclusive rights, brand recognition, revenue generation and a competitive advantage. It can also support licensing, franchising, investment and international expansion.

FAQs Archive - Page 4 of 7

Do I need to register my trade mark if I already have the same name registered as a business name at the Companies Office?
Continue reading
What is the difference between the symbols ® and TM?
Continue reading
I have launched a new product, and now I have received a letter from X Limited saying that my trade mark infringes their registered trade mark and that I must stop all further use, withdraw the product and pay damages
Continue reading
What happens if someone infringes my trade mark?
Continue reading
How can I enforce or monitor my trade mark rights?
Continue reading
What are the potential risks of not registering a trade mark?
Continue reading
How can a trade mark be used for licensing or franchising?
Continue reading
Can I register a trade mark internationally?
Continue reading
Do I need to register my trade mark just once?
Continue reading
What are the benefits of registering a trade mark?
Continue reading

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FAQs

FAQs

Do I need to register my trade mark if I already have the same name registered as a business name at the Companies Office?

Continue reading

What is the difference between the symbols ® and TM?

Continue reading

I have launched a new product, and now I have received a letter from X Limited saying that my trade mark infringes their registered trade mark and that I must stop all further use, withdraw the product and pay damages

Continue reading

What happens if someone infringes my trade mark?

Continue reading

How can I enforce or monitor my trade mark rights?

Continue reading

What are the potential risks of not registering a trade mark?

Continue reading

How can a trade mark be used for licensing or franchising?

Continue reading

Can I register a trade mark internationally?

Continue reading

Do I need to register my trade mark just once?

Continue reading

What are the benefits of registering a trade mark?

Continue reading

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Dublin Office

Belfast Office