Trademarks

trademark

What is a Trademark?

Trade marks are the words and symbols that identify the products and services offered by one company and distinguish them from those of another. They include names, brands, logos, designs, shapes and sometimes even colors. The goodwill associated with a trade mark can be one of the most valuable assets […]

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An Introduction to Trademarks

Trade marks are the words and symbols that identify the products and services offered by one company and distinguish them from those of another. They include names, brands, logos, designs, shapes and sometimes even colors. The goodwill associated with a trade mark can be one of the most valuable assets […]

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How to Register a Trade Mark

The first step in protecting a trade mark used in your business is to identify the names, brands, logos, etc. that you want to register. However, there is more to this than initially meets the eye. Most businesses have numerous protectable trade marks, and new business owners are often unaware […]

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Enforcement of Trade Marks

Once you have registered your trade mark in Ireland or another country, no one may use the same or a similar mark in relation to the same class of goods or services without your permission. If another business infringes your trade mark, you have the right to bring an action […]

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Passing Off

Although it is much easier to enforce a trade mark if it is registered, it is also possible to seek damages for the common law tort of “passing off”, regardless of whether the trade mark has been registered. There are three elements which must be proven in a claim for […]

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Maximizing Value: Sale or License of a Trade Mark

After spending a large amount of time and money obtaining, maintaining and enforcing a patent, it makes sense to get as much value out of that asset as possible. The most obvious way to do this is to exploit the competitive advantage you have obtained by using the patented invention […]

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Trade Mark Licensing

Creative trade mark licensing can greatly increase a company’s revenues, as well as expand its brand identification and sales reach into territories that otherwise would fall outside of its manufacturing and distribution capacity. Licenses can be granted for a particular country or for a particular product. For example, an Irish […]

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