The following are the critical points in relation to Trade Marks
- Prior to use, it is essential to search the trade marks register in each target market.
This will discover any existing names/marks that are the same, or confusingly similar, to that which is proposed and where the owner would have a sustainable objection to the new entrant.
- If the search is clear, then an application should be made to register the mark in all markets where it is intended to use it.
- Register in all classes of goods where it is currently used as well as in classes where there is intent to use
- All goods and services are divided into 45 classes. It is advisable to gain exclusivity for the name in whichever classes one is intending to trade in the future. This will obviate the possibility of being frustrated at a later date.
The initial life of a registration is 10 years which can be renewed indefinitely each decade thereafter.
- One can apply to register either nationally or seek a Community Trade Mark (CTM) registration.
The cost of an application, for one class, in Ireland, is €520 plus VAT. At registration, approximately 18 months later, a further cost of €504 arises.
A CTM registration provides exclusive use of the mark in all member states of the European Union.
- With just one application, protection can be obtained in all countries of the EU. The cost of an application, which covers 3 classes of goods is €1,511 plus VAT. At registration, approximately 18 months later, a further €1,762 cost arises.
Liam Birkett F R Kelly & Co 27 Clyde Road Dublin 4 Tel 231 48 48