Intellectual Property: Trademarks Ireland
...ite. The job of a graphic designer can involve the creation of corporate identities such as logos. Consumers can distinguish businesses by their logo or identity. Consumers associate these logos with the product provided by businesses so it is commercially beneficial for companies to establish and protect the identities that separate their business from others. Trademarks were established for protecting corporate identities. Some famous examples of Trademarks are the graphic logos which represent companies like Intel, Nike, Adidas, Coca-Cola, Budweiser and Guinness. The Irish Patents Office states that a trademark is "the means by which a business identifies its goods or services and distinguishes them from the goods and services supplied by other businesses." [5] The Trademarks Act, 1996 defines a trademark as "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings". [6] The Act also outlines all the aspects concerned with the registering of a trademark and the rights of registered trademark owners. Registering a trademark not only gives ownership of logos to businesses but it may also represent the reputation of a business if properly protected and promoted. The president of Coca-Cola once stated that “the corporations buildings, machinary, equipment, vehicles and physical property could all be destroyed, but that the business would have no trouble getting back on its feet, provided the trademark survived.” [7] Hence it can be assumed that the value of a company’s trademark is potentially incalcuable. The Irish Patents Office offers a wealth of information on Trademarks and how to register a mark in Ireland. Registering a mark with The Irish Patents Office provides legal ownership of a trademark and therefore “prevents others from using the trademark without the registered proprietor’s permission – i.e to prevent infringement” under the terms of The Trademarks Act, 1996. [5] Application for a trademark can be made with The Irish Patents Office once a mark has been designed or at any stage afterwards. Prior to the application it is advisable to search the register to ensure no other existing trademark or pending application bears a similar resemblance or is identical in design. A search of The National Trademark and The Community Trademark database can be performed by The Irish Patents Office for a fee of €35. Alternatively individuals can search for free at the Kilkenny and Dublin branches of The Irish Patents Office or online at their website (http://www.patentsoffice.ie/eRegister/Query/TMQuery.asp). Application forms can be downloaded online from The Irish Patents Office at http://www.patentsoffice.ie/PDF%20Documents/tm.application%20form.pdf. There are 11 sections on the form to be completed. The name, nationality and address of the applicant must be included in section 1 followed by an 8cm x 8cm representation of the mark in section 2. This representation should be the graphic design of the words and/or pictures required for the trademark but should not exceed the desired parameters. If the application is not for a standard mark It must also state what type of mark it is in the boxes provided e.g a collective mark, a certification mark, a series of trademarks or a three dimensional mark. A collective mark is described as “a mark that distinguishes the goods or services of the members of an association from those of others.” [8] The definition of a certification mark is “a mark that “certifies” the goods or services provided as possessing certain qualities or of a particular standard or other characteristics.” [8] A series of trademarks is “a number of marks, which resemble each other in their important features and differ, only in minor features, which do not substantially affect the identity of the mark” [8] and a three dimensional mark is where registeration is sought for “the shape of the item or product or its packaging.” [8] In section 3 the applicant must describe the goods or services the mark is intended to represent. Goods and services are grouped for convenience and a classification system allows applicants to specify a numbered class (1-45) for their mark. Section 4 clarifies the use of the intended mark in relation to the previous sections by ticking the appropriate box(es). Section 5 is completed if claiming to priority to an earlier application made from an office other than The Irish Patents Office. If the mark bears a colour which an applicant wants to protect then Section 6 should be completed. Section 7 should be completed for disclaiming the right to the exclusive use of a specified part of the mark e.g. colour or limit the use of the mark e.g. in other countries. Section 8 is provided for applicants to include the details of a registered trademark agent if they have enlisted the help of such to pursue their application. If a non-registered party is acting on behalf of the applicant a letter of authorisation must also be included with application. Section 9 is the contact information relating to Section 8 and Section 10 deals with fees for application. Section 11 requires the signature and date of the application from the applicant or agent acting on behalf of the applicant. A list of registered trademark agents is available from the Irish Patent Office. It costs €70 for a standard trademark application. “If an application has more than one class then there is a fee of €70 for each additional class” [9] All applications must be paid within one month of the fili...