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 patent applications to protect inventions in each of its contracting States. There are also a number of other International systems whereby protection can be sought in a variety of territories at the same time.

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.

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 sufficient. This usually avoids letters such as that received from X Limited. As to dealing with the letter from X Limited, the response would depend on whether the trade marks and products/services are the same or similar and in some instances whether X Limited has used its trade mark. In most instances we are usually able to settle the matter without the necessity of expensive litigation in Court.