Trademark Registration: A question?

[Dinarius]

I would like to register a word (in typical internet-age style, it's actually two words joined together) as a trademark.

I have done a search on the OAMI database (www.ohim.eu.int/en) and I see that the word was registered in 1998. The search result gives a trademark name (the word in question) and a trademark number.

However, below this, next to the heading 'Status of Trade Mark', it says, 'Trademark refused'.

If I type the name into Google, I can click on a the site of a Swiss company that uses this name for a piece of software that it sells. The name of this comapany is not the name given on the OAMI site, though I am aware that someone other than the company might have registered the name and is licensing it to them.

My concern is this: on the Swiss website, the word I want appears with a circled 'R' next to it. i.e. Registered.

Can a word be registered without being a trademark?

If not, why does the application appear as 'refused' on the OAMI site?

Finally, if I tack on .ie onto the word, while this won't change its meaning (but it will clarify its use) would this make it easier to trademark?

Many thanks.

D.

 

[ClubMan]

Does this Wikipedia article help at all? Not sure if international law is standard in this respect or if different countries or regions (including the EU) have their own rules.

 

[Humpback]

I did an Enterprise Ireland course on this previously, and if I remember correctly, you still have to register a trademark locally (i.e. in Switzerland), and Europe-wide, which is the site you're looking at.

So you could possibly still register your word as a trademark in Ireland, but would have issues at the European level.

However, given the fact that somebody somewhere is already using the word, I'd be inclined to leave it at that.

 

[Dinarius]

However, given the fact that somebody somewhere is already using the word, I'd be inclined to leave it at that.

Meaning you wouldn't bother trying to register it at all, or you would try to secure it only within Ireland?

Interesting point about it being only registered in Switzerland.

Thanks.

D.