The Office for the Harmonization in the Internal Market (the OHIM) will not refuse an application to register a trade mark even if the same trade mark is already registered, unless the owner of the earlier registration successfully opposes the application. Largely as a result of the Community Regulation establishing the European Community system, a [...]
As we recently celebrated World Intellectual Property Day, we thought we might investigate the background to the first granted patents and registered trade marks. Patent Firsts UK patent law applied in Ireland until the formation of the Irish Free State in 1921. It was not until the Industrial and Commercial Property (Protection) Act 1927 that [...]
Registering your company name, trading name or domain name doesn’t give the same protection as a Trade Mark registration! Have you noticed many companies with the same or similar names? There are several Station House Hotels in Ireland (Clifden, Letterkenny and Kilmessan in Meath) yet they are all independently trading. By registering your brand name [...]
During the course of a business meeting held in our offices recently, it became apparent that there was some confusion in relation to the registrability of slogans/taglines as trade marks. Surprise was expressed at the fact that slogans can in fact be protected as trade marks and that many well known slogans are so registered. [...]
In this article we look at a couple of mistakes brand owners sometimes make when adopting a new trade mark. Failure to search All too often stories hit the headlines of companies adopting trade marks, spending thousands of Euros on packaging, publicity materials and marketing, only to have to re-brand when challenged by the owner [...]
Before embarking on a new business venture, there are some pitfalls in IP that are avoidable with the right advice. These include:- •Publicly disclosing an innovation before filing a patent application: Making an innovation “available to the public” by launching the product, engaging in any form of non-confidential disclosure e.g. publishing details of the innovation [...]
If you would like an estimate of the costs for protecting your idea with a patent then please don't hesitate to contact us by phone 01-6763465, by email mail@maclachlan.ie or by using our online Contact form.
1. What are the most effective ways for the owner of an Irish Patent derived from a European Patent to enforce its rights in Ireland? Enforcement of a European patent in Ireland is available only by petition to the High Court in civil proceedings. Infringement proceedings are handled by the Chancery Division of the High [...]
It has been widely reported in the Irish media that the Trade Union Unite is launching a test case in an attempt to force the owners of the Trade Mark WATERFORD to have crystal glass sold under that trade mark made exclusively in Waterford. Some crystal items are still made in Waterford but the vast [...]
A large number of patent applications are filed at the European Patent Office (EPO) for computer implemented inventions – a term defined by the EPO to be “an invention that works by using a computer, a computer network or other programmable apparatus and that to qualify [as a computer implemented invention], the invention also needs [...]