A trade mark is a form of intellectual property, comprising a distinctive logo, sign or other indicator that distinguishes a business’ products or services from those of other businesses.
The Trade Marks Act, 1996 (as Amended) defines a trade mark as "any sign which is capable of distinguishing the goods or services of one undertaking from those of other undertakings and is capable of being represented on the register".
At Rennick Solicitors, we work closely with our clients on registration and protection of trademarks, and related rights in Ireland and across Europe. We advise on trademark disputes before the Irish Courts and before the Irish and EU trade mark authorities.
When deciding to register a Trade Mark, you must pick what classes you wish to register it in, and what classes you are seeking protection in. You must register your Mark in the class you are either currently using it in, or intend to use it in the future. There is no legal obligation to register a trademark; however it does protect a brand’s identity. Registration of a trademark is one of the best ways to defend a brand as it prevents others from benefitting from its use without the registered owner’s permission. Once a trademark is registered, the owner of the trademark can issue infringement proceedings against an alleged infringer who uses the trademark without the owner’s permission or licensing agreement.