TRADE MARK Services
TRADE MARK services
Lysaght offers a range of trade mark services, from filing an application to defending a trade mark in opposition. Some of our team have worked with Lysaght for over 45 years and so you can trust us to say we have the experience you can rely on.
With over 200 country links and relationships with local agents, the trade mark department offers entrepreneurs and international companies a breadth of services. We enjoy access to in-house information systems, incorporating up-to-date information and know-how gained through years of experience. We know each country’s specific requirements so you don’t have to, providing you with a reliable, cost-efficient and trustworthy service.
trade mark applications
Registering a trade mark involves two main elements; what countries you want to market your product or service in and what the product or service relates to. The trade mark can fall into several use categories – or “classes” – such as pharmaceuticals, food and drinks, or clothing, etc.
Whilst you would not typically register your trade mark in every class, you should consider any plans for future use of the trade mark.
Each country has its unique legal framework and registration requirements. Our trade mark team understands the differences between jurisdictions and regions, its something we pride ourselves on. Should you face a refusal of your application at a national or international level we can assist you at every level.
A trade mark belongs to a person or company, and once the mark is registered, you can use the ® symbol to show that it is protected and warn others against using it for their purposes.
trade mark renewals
Depending on where you register your trade mark will determine its renewal frequency. Usually, a trade mark registration lasts for 10 years and is renewed in 10-year periods. Depending on your trade mark and the market it operates, renewing a trade mark is extremely important to ensure the appropriate legal protection remains.
We have dedicated members of our team who specialise in trade mark renewals. They can offer their expertise and advice in ensuring your protection is maintained.
trade mark searches
On the premise that a trade mark must be distinctive and unique, we would advise you to carry out a search against the trade mark register before proceeding with a trade mark application.
We work with our local agents worldwide to provide you with search results against your trade mark in a timely and efficient manner. By doing so you can then pursue the most appropriate filing strategy safe in the knowledge that your trade mark is applicable for registration.
trade mark oppositions
There are instances where a third party can oppose a trade mark from being registered. Equally, you may wish to oppose an application based on your prior trade mark.
There are formal opposition processes that each jurisdiction will follow, and with our breadth of experience in this area, we can lead the process to make it as straightforward as possible for you.
trade mark litigation
You may find that a third party starts using an identical or similar sign to your trade mark for their business without your consent. If you think that the public could be confused by this use, you can take infringement action against them based on your trade mark.
We will guide you through this process, whether the route is either dispute resolution or by means of a court action.
trade mark recordals
There may be instances where you need to update the trade mark register to reflect changes in the owner’s name or address, or to record a company merger or acquisition. In this case, the process can be significant in scale because of the volume of trade marks involved. Let us take control of the paperwork to ensure your rights are transferred smoothly and reliably with minimum fuss.
trade mark cautionary notices
Where there is no legal framework governing IP in a jurisdiction, publishing a cautionary notice in a local newspaper or journal may offer an alternative to registration. It alerts third parties to the existence of intellectual property rights and acts as a warning that a trade mark exists and a person or company has legal rights to it.
In cases where litigation is required, publishing such notices is useful. Our team can advise you which jurisdictions require this approach when a full trade mark registration is not available.
While a cautionary notice is not as effective as a complete registration, it may be advisable to republish the notice periodically to remind the general public of IP rights and minimise the risk of potential acts of infringement.
worldwide filing by region
Lysaght’s team enjoys strong connections with IP agencies located worldwide. Our experienced team offers the right advice to help you register your trade mark or exert your IP rights wherever you trade.
To learn more about the unique legal framework adopted by each country, visit our Countries page and request a country report.
We offer a free 30 minute consultation to new clients wishing to use our experience to better understand what rights they need to protect their mark.
For our existing clients, where you have a large scale project you wish to discuss, we can help you formulate a plan on the most efficient and cost effective options.