There is no unitary worldwide trade mark or indeed worldwide patent system. There are, however, international treaties which enable simultaneous protection in a number of territories. For instance there is a European Union Trade Mark system which covers the 28 member States of the European Union and the Patent Cooperation Treaty under which there is unified procedure for filing [...]
Do I need to register my trade mark if I already have the same name registered as a business name at the Companies Office?
Registration of a business name or a company name at the Companies Office grants no rights to the use of that name. Statutory rights can only be obtained by registering the brand as a trade mark although in some instances common law rights can be obtained by use of the brand.
The ® symbol or the word “registered” may only be used once a trade mark has been registered and it is an offence to use that symbol or word in relation to an unregistered trade mark. The TM symbol may be used even though the trade mark has not been registered.
I have launched a new product and now I have received a letter from X Limited saying that my trade mark infringes their registered trade mark and that I must stop all further use, withdrawn the product and pay damages
It is imperative before launching a product under a new brand that a search is conducted through the databases of the trade mark registers of the territories where the product will be used to ensure that a similar trade mark is not already registered. A search through Google or some other search engine is not [...]