In a recent publication by the Office for Harmonisation in the Internal Market (OHIM), the national statistics for Ireland show that LK Shields Solicitors is one of the top 10 representatives in Ireland based on the number of Community Trade Marks received from Irish-based applicants. LK Shields Solicitors is the only firm of solicitors appearing the top 10 chart.

OHIM is the agency responsible for registering trade marks and designs that are valid in the 27 Member States of the European Union.

The registration of a Community Trade Mark (CTM) grants the proprietor brand protection in the 27 Member States of the EU. If you sell goods or supply services in Europe under a certain mark (e.g. a brand name or logo) and want to protect the goodwill and reputation associated with that mark, then applying to register a CTM is something you might like to consider. By registering a CTM, you can obtain the exclusive right to use your trade mark and prevent third parties from using the same or a similar mark for identical or similar goods and/or services as those protected by your CTM.

Since the introduction of CTMs in the late 1990s, they have grown hugely in popularity. Earlier this year, the 500,000th CTM was registered by OHIM, which is a testament to the success of the CTM system. By making a single application at a reasonable cost, you can obtain protection for your brand throughout the EU. According to OHIM "word marks are the most popular with Irish enterprises and account for 59% of applications, followed by figurative marks (40%)." The diagram below shows the top classes in which CTMs were filed by Irish applicants based on the goods and services covered.

The Nice Classification system for goods and services is used by OHIM. Class 9: various types of machines and instruments. Class 42: scientific and technological services including the design and development of computer hardware and software. Class 16: printed matter. Class 35: advertising and business management. Class 41: education, training services, entertainment, sporting and cultural activities.

Figure 1*

LK Shields Solicitors has a specialist team of qualified and registered trade mark agents who are available to deal with all of your trade mark requirements, including applications to register CTMs.

As a full service law firm, we can provide specialist advice not only in relation to trade marks but on all commercial issues. Clients often find it of value that we are frequently in a better position to advise on intellectual property matters as a result of all the other legal work that we do because we appreciate the overall role and importance of intellectual property assets play in a client's business.

No matter what business you are in, the registration of your trade and/or service marks is worth consideration. The figure below shows some of the different types of Irish businesses that have registered CTMs.

In the OHIM publication mentioned above, LK Shields Solicitors also features in the charts in relation to Registered Community Designs (RCDs). LK Shields Solicitors is one of the top 10 representatives by number of RCDs received from Irish-based applicants.

Although not so well known or popular as the CTM, a RCD is a valuable right which grants the proprietor design protection throughout the EU. It is an exclusive right for the outward appearance of a product or part of it, resulting from the features (in particular, the lines, contours, colours, shape, texture and/or materials) of the product itself and/or its ornamentation.

Around 1,787 RCDs in total have been filed by Irish companies to date. The figure below shows the top 10 Irish RCD owners.

If you are interested in obtaining a RCD, LK Shields Solicitors would be happy to provide professional advice and assistance in processing your application.

For further information please contact Áine Matthews , Aoife Nic Lochlainn or
Caroline O'Connell.

December 2009.

* The three figures appearing in this article and marked with an asterisk have been extracted from an OHIM publication which is available free of charge at: http://oami.europa.eu/en/office/newsletter/09009.htm. The figures and their contents were created by and are the property of OHIM. Reproduction is in accordance with OHIM's Copyright Notice.