Logo & business name copyright

M

money man

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Hello,

I have an issue with my logo,business name and domain basically being ripped off by someone else. Its only happened recently. I have sent off the relevant documentation to ensure it is copyright protected.(registered post and bank stamping/dating) I doubt they have gone through this yet. My solicitor is writing to the company . should i trademark the name and design etc so it cannot be used in a similar way or should i be ok with the above steps. I want to do it before it gos too far and have to actually go to court over it.
 
you would need to trademark it i think.

www.patentsoffice.ie/en/trademark.aspx

If your company trades across Europe you need to go to the OHIM (Office for Harmonisation of the Internal Market) for a Community Trademark that would protect your logo across the EU

[broken link removed]

the form is also available on the irish patent office website
 
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Hi Paddi

I think you made a typo there, he needs to trademark it. A patent is completely different.
 
sorry yeah you're right I edited it there.. was thinking of the patent office! it's a trademark
 
For trademarking, you can go to the Irish patents office site (hence the misunderstanding I presume) and do a search on the trademark to see whether it is already registered.
Assuming this is clear, you can apply for a trademark using the Patent Office application form.
Be advised that you must have everything correct on the application as you will be in for an extremely frustrating time with the patents office. I originally applied for trademark protection on my logo and product names over six months ago, and it has been extremely frustrating up until now (still in process). I submit, some time later I get a response to ask to change wording (of an extremely pedantic nature), I do this, resubmit, then get letter back to change a different set of wording (which was also present on the original submission), and to and forth. Although the trademark officer has email, they will not use this to communicate any information.
Fortunately, if you have made an initial application and it is subesquently approved, you are covered back to the date of the original filing.
If you want to file for an international trademark, you need to file first in Ireland, and once it is accepted there, you can then apply to have it applied to other countries.

Note also that while doing this yourself is tedious, the costs of going through a patent attorney is astronimical. I think I have saved approx 11k by processing the four trademarks myself.
If however you are applying for a patent down the line, I would definitely use a patent attorney, as this is not something you could or should do yourself
 
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Is there no real benefit to my design and logo being copywritten as i have done so. If i now must proceed to trademark my logo,name and design how much if i go through the tediuos process should this cost me? AMGD? thanks
 
Copyright is the most basic loose form of protection
it is not for protecting what you want to protect.
trademark is for protecting what you want to protect.
 
Hi,
I would definitely recommend that you proceed withthe trademarking process. The cost will vary depending on the number of marks to be registered and the number of classes, but it is not astronomical. If you read all the details on this link, you may be able to get the submission right first time. but make sure to do your searches first before applying.
Note that you may get a result on the search where the name is already trademarked, but if it is not trademarked to the same class, then you are okay to register for a different class
For example, if the name "beaverbrook" was the mark you wanted to trademark, and you did a search and it turned out it was already trademarked, you would still be able to proceed if, say the original mark was for a class related to the fishing industry, while your mark related to the manufacturing industry - two different classes so the same name can be trademarked twice.
Hope this all makes sense
 
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