Anyone intending to market goods or services under a trade mark or design should take care to register the mark or design in respect of their goods or services before commencing supply as difficulties can arise if the mark or a confusingly similar mark is already registered. Also, the registration of a company name or a business name does not give someone rights or protection in terms of a trade mark.

In recent years the National Lottery obtained an injunction to stop a television advertising campaign by a well known brewery who used the lottery wheel, (a registered trade mark of the National Lottery), in their advertisement. The lost costs ran to hundreds of thousands of pounds.

Very often it is assumed that the registration of a company name or a business name will allow someone to market goods or services under that name or afford protection to the person or company who registered that name. This is not so. Care should be taken to check whether a mark is registered or is similar to a previously registered mark. Inadvertent use of another person's mark or infringement of their rights is no excuse.

Our Principal Bill Holohan is a registered Irish Trade Mark Agent, and is also a registered EU Trade Mark Practitioner, registered with the office for the Harmonisation or the Internal Market (OHIM) at Alicante in Spain. As such he is entitled to process applications for registration of trade marks both in Ireland and in the EU on behalf of clients. He is also in a position to advise in the legal implications arising from the trade and service mark application and registrations

Also, Bill Holohan is in a position to advise on Patents and Registered Designs, and the Licensing or Transfer of such rights.