The Holders of registered trade marks enjoy the benefits or number of a legal protections or option for enforcement. The registration grants legal enforcement options that are more effective, stringent and achievable than the other “common law” options currently available in Ireland. Owners can take action to prevent others from infringing their trade mark right or using their brand without permission.
In the context of the global shift in business to online trade, registered trade marks are proving indispensable. In actions under the UDRP (Uniform Dispute Resolution Process) via the World Intellectual Property Office (WIPO), involving disputed or infringing domain names, the Panel of Adjudicators regularly find in favour of the holder of a particular trade mark in ordering the offending the domain be transferred or deleted.
The Court based options for trade mark protection of registered marks are typically available in each EU jurisdiction and include the following:
- Court ordered powers of seizure and search
- Courts orders for erasure etc. of offending signs
- Court Order for delivery up of infringing goods, materials or articles
- Injunctive relief (prevention of possible infringement)
- Court Order as to disposal/destruction of infringing goods, materials or articles
- Court order for infringing parties to “account for profits” to the rights holder as a result of infringement
- Court Damages for breach and loss
Outside of measures available trade mark protection and enforcement in Ireland the common law remedy of “passing off” can be considered. These actions are difficult to prosecute, costly and the likelihood of success is far from certain.
We are connected with the leading professionals in trademark law, practice and procedure. Our network specialists have a proven track record in the protection of large and small enterprises, artists and entrepreneurs alike. They act and advise in trade mark rights and protections and vigorously defend their Clients’ best interests. Use our contact form below to set up contact with our specialist firms.
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