When you’re ready to start your own business, it’s natural to want a name that is perfect, distinctive and legally protectable. Choosing the right trademark can help you stand out from the competition and establish your brand as something people will know and recognize. However, if you’ve never registered a trade mark before, or don’t know what one is in the first place—let alone how to go about getting one—the whole process can seem like an enormous undertaking. The good news is that there are some simple steps you can follow along the way that will help make sure things stay on track:
Trademarks are brand names, logos and other distinctive signs that help consumers identify a product or service as coming from a particular source. Trademarks are also known as trade marks. A registered trademark is protected against unauthorised use by others in Ireland and abroad for up to 25 years after registration.
This article will help you understand how to register your trade mark, what benefits it can bring and when it makes sense for you to do so.
What are trade marks?
A trade mark Ireland is a word, name, symbol or device that is used to distinguish the goods of one trader from those of others. A registered trade mark is protected by law and gives you exclusive rights to use it in relation to your products and services.
You can register your own trade marks or someone else’s if they have authorised you to do so. To do this you need:
- A good idea for a new or existing brand name
- To check if any similar products already exist on the market (e.g., Coca-Cola vs Pepsi)
How do I know if my mark is registrable?
You should also consider whether the mark is distinctive. If a trademark is not distinctive, it won’t be registrable as a trademark. The test for distinguishing between marks that are registrable and those which are not is known as the “distinctiveness test”. In order to be considered distinctive, your proposed trademark must have:
- A certain quality which makes it different from other similar or identical marks; and
- A degree of imagination or creativity in its use or meaning (for example, an arbitrary word may be registrable whereas a descriptive word would not be).
How much does it cost to register a trade mark in Ireland?
How to register a trade mark? The cost of registering a trade mark in Ireland depends on the number of goods or services you are registering and the length of time you want your mark to be protected for. A trademark can be registered for up to 25 years, which is often what most businesses opt for when registering their trade marks. If you are only registering one name, then it will cost nothing – but if there are several words or symbols involved in your design, then there will be an additional fee payable on top of this base price.
What are the main benefits of registering my mark?
There are a number of benefits to registering your trademark. The most obvious is that it gives you exclusive rights over the use of the mark and prevents others from using it in any way, shape or form. This means that if someone does try to register or use your trademark, you can take legal action against them for infringing on your intellectual property rights.
Another advantage of registering a trademark is that it allows you to prevent other people from registering similar marks which could lead consumers into confusion about who owns what products or services (for example, if two companies both sell “Smartphones” but one uses the term “Smartphone” whereas another uses “Smart Phones”).
Am I restricted to just one trademark? Do all my products need to be registered under the same mark?
No, you aren’t restricted to just one trademark. You can register multiple trademarks for different products, or even for the same product in different categories (e.g., clothing and shoes). However, if you have more than one registered mark that’s similar enough that consumers might get confused between them, then it may not be possible for both marks to remain active at the same time.
Can I apply for registration in EU, as well as Ireland, at the same time?
The answer to this question is yes and no. You can apply for registration in Ireland and the EU at the same time, but you cannot register your mark in other countries at this point.
If you decide to pursue registration of your trademark outside of Ireland, it’s important that you do so before applying for a Community Trade Mark with EUTM-Ireland or OHIM (the Office for Harmonisation In The Internal Market). If another party has already registered their own version of your mark or applied for one themselves, then they have priority over you when it comes to using that name/design across Europe.
Do I have to maintain use, or can I stop using my mark altogether and still keep it protected?
You can stop using your trademark and still keep it protected.
However, you must be prepared to defend your rights if someone else starts using the same or similar mark.
What happens if someone else has registered a similar or identical trademark with their product? Can they prevent me from using my own trademark on mine?
If another person has registered a similar or identical trademark with their product, you may still be able to use your own trademark. You will have to prove that your mark is distinctive and not confusingly similar to theirs. If you are successful, you can use the mark; if not, then it’s time for some serious thinking about finding a new one!
These questions will help you understand how the trademark process works.
The trademark process is complex, and it’s important to understand the basics. The following questions will help you understand how the trademark process works:
- Do I need a trademark?
- What is a trademark?
- How does my business benefit from having one?
Conclusion
We hope this article has helped you understand the basics of trademark law in Ireland. If there are any questions that we haven’t covered or if you would like more information on how to protect your brand, please get in touch with us today!
