A trademark is a legally registered symbol, word, or phrase that distinguishes your goods or services from competitors, providing exclusive rights to its use and protecting your brand identity from unauthorised infringement in the marketplace.
A trademark is a legally protected symbol, word, or phrase that distinguishes your goods or services from those of your competitors. It serves as a badge of origin, ensuring that customers can identify your brand in a crowded marketplace. In Ireland, trademarks are registered with the Intellectual Property Office of Ireland (IPOI), providing the owner with exclusive rights to use the mark within their specific industry category.
Owning a trademark gives you the legal power to prevent others from using similar marks that could confuse your customers. It acts as a shield for your brand's reputation and an asset that can increase in value as your business grows. Unlike a trading name, which merely identifies your business, a trademark provides robust legal protection against infringement across the entire jurisdiction.
For founders, a trademark is more than just a logo; it is a core piece of intellectual property that investors look for during due diligence. It secures your market position and ensures that the brand equity you build through marketing and high-quality service remains yours alone. Protecting your brand early prevents costly rebranding exercises or legal battles later in your company's lifecycle.
Registering a trademark provides you with a "presumption of ownership," making it much easier to defend your brand in court if someone copies it. Without registration, you would have to rely on the complex legal concept of "passing off," which requires proving that you have an established reputation and that the other party's actions caused you actual financial loss.
A registered trademark also serves as a deterrent. Once your mark appears on the public register, other companies are less likely to choose a similar name or logo during their own brand development. It also allows you to use the ® symbol, which signals to customers, competitors, and investors that you take your intellectual property seriously and are prepared to defend it.
Furthermore, a trademark is an intangible asset that appears on your financial statements. It can be sold, licensed to third parties for royalties, or used as security for business loans. For tech startups, having a registered trademark for your core product is often a prerequisite for securing seed investment or higher valuations during fundraising rounds.
Trademarks are most commonly words, logos, or a combination of both. However, the law allows for a wide range of distinctive identifiers to be protected, including slogans, shapes, and even specific colours or sounds in certain circumstances. The key requirement is that the mark must be "distinctive" rather than "descriptive."
You cannot register a trademark that simply describes what you do. For example, a company selling apples cannot trademark the word "Apples," as this would unfairly prevent other sellers from using the common name for their product. Similarly, geographical names or common surnames are often difficult to register unless they have acquired a secondary meaning through extensive use.
The mark must also not be "confusingly similar" to existing trademarks in the same class of goods or services. When you apply, the registrar will check if your mark overlaps with existing brands. This is why conducting a thorough search before filing your application is a critical step for every founder.
In Ireland, a registered trademark lasts for 10 years from the date of the initial application. Unlike patents, which have a finite lifespan, trademarks can be renewed indefinitely every 10 years, provided you pay the renewal fees and continue using the mark in commerce.
This long-term protection makes trademarks one of the most durable forms of intellectual property. However, you must be careful not to let the registration lapse. If you fail to renew within the grace period, your mark could be removed from the register, allowing competitors to claim it or start using similar branding without your permission.
It is also important to note that a trademark can be challenged if it is not used for a continuous period of five years. If you register a mark but never launch the associated product or service, a competitor could apply to have your trademark revoked on the grounds of "non-use."
A trading name is simply the name your business uses to face the public, and registering it with the Companies Registration Office (CRO) is often a legal requirement. However, registering a trading name does not give you any ownership rights or prevent others from using that name for their own businesses.
A trademark, on the other hand, provides exclusive legal ownership and a right of use. While your limited company name protects you from others registering the exact same company name at the CRO, only a trademark prevents a competitor from using your brand name on their products or in their advertising.
Many founders mistakenly believe that registering a domain name or a company name provides brand protection. In reality, these are administrative registrations. A trademark is the only tool that grants proprietary rights over the "expression" of your brand, making it the most important step in securing your identity.
Trademarks are territorial, meaning an Irish trademark only provides protection within the Republic of Ireland. If you plan to expand into other markets, you will need to seek protection in those jurisdictions as well. For startups targeting the European market, an EU Trade Mark (EUTM) provides protection across all member states through a single application.
For broader international expansion, businesses often use the Madrid System, which allows you to file one application to protect your mark in over 120 countries. This is significantly more cost-effective than filing individual applications in every country where you intend to trade.
Expansion strategy should always include a trademark review. Before launching in a new territory, you must ensure that your mark doesn't infringe on existing rights in that country. Finding out that your brand name is already trademarked in the US or UK after you have already launched can lead to expensive rebranding or litigation.
