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Logo Patents?

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  • 21-02-2006 6:22pm
    #1
    kjt
    Registered Users Posts: 3,057 ✭✭✭


    Howdy all,
    I'm just wondering does anybody know how to go about this?
    I registered my business name last year and recently I've
    created my logo. I was wondering where I would go to patent
    it so that it isnt used anywhere else?
    Just looking at it I could see a few places that would like to use it.

    Thanks in advance :)


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    #2
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    You don't patent a logo, you trademark it; although in an Oirish twist, you do register trademarks at the patent office. Google for trademarks and ireland.


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    #3
    kjt
    Registered Users Posts: 3,057 ✭✭✭kjt


    Thanks for the Ken.
    I just found this on cai.ie
    Depending on the circumstances, it may be difficult for an author to prove that he or she had created a work at a specific point in time. Proof of this fact might be needed in an action for infringement. An author can create such proof by sending a copy of the work to himself or herself by registered post, keeping the post office receipt and leaving the envelope unopened.

    So if I was to print out the logo and send it to myself,
    this would also do the trick.
    I've heard about this before but didn't think of it applying
    to a logo or anything.

    Thanks again.


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    #4
    rsynnott
    Registered Users Posts: 4,003 ✭✭✭rsynnott


    kjt wrote:
    So if I was to print out the logo and send it to myself,
    this would also do the trick.

    Remember the registered post bit; it's important.


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    #5
    kjt
    Registered Users Posts: 3,057 ✭✭✭kjt


    Thanks for all the help.
    I'll get on that now :)


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    #6
    betterthanyou
    Closed Accounts Posts: 19 ✭betterthanyou


    kjt wrote:
    Thanks for the Ken.
    I just found this on cai.ie



    So if I was to print out the logo and send it to myself,
    this would also do the trick.
    I've heard about this before but didn't think of it applying
    to a logo or anything.

    Thanks again.

    yes, it would in a famous five book

    to do it properly register it as a trademark in the http://www.patentsoffice.ie
    as stated already


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    #7
    heggie
    Closed Accounts Posts: 1,879 ✭✭✭heggie


    will you really need to trademark it though? is there a particular saying or wording attached to it? as creator of the logo, you own copyright automatically, and no one is allowed copy your logo.


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    #8
    sceptre
    Registered Users Posts: 19,608 ✭✭✭✭sceptre


    heggie wrote:
    will you really need to trademark it though? is there a particular saying or wording attached to it? as creator of the logo, you own copyright automatically, and no one is allowed copy your logo.
    The two nice things about the thing being a registered trademark instead of a mere copyrighted picture is that properly defended and used trademarks never expire (the Bass logo was the first trademark registered in the UK in 1876[1] and it's still protected) whereas copyrights will (unless Disney can keep buying senators and the EU keep upping copyright terms in response) and it's easier to sue someone for using a logo that looks like yours if it's a trademark as opposed to someone using a logo that looks quite like yours (but isn't the same) if it's just a picture you keep on the wall next to your company name. Another company using your registered trademark can be sued for trademark infringement whereas another company using your unregistered trademark can only be sued for passing off, which tends to be harder to make stick. Leaving pictures aside for a moment, companies don't go out and register terms like "just do it" and "think different" for fun, they do it so they can easily sue everyone else if they start using them. Make it easy on yourself, register the thing.

    There's a far more complicated answer than this one, which I'm unlikely to type as I reckon the above is enough.

    [1]Bass has been made since 1777. It's only been possible to register trademarks in the UK since January 1, 1876. Bass sent an employee around on New Year's Eve to queue in the snow so they'd be the first in the door


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    #9
    kjt
    Registered Users Posts: 3,057 ✭✭✭kjt


    Thanks very much for your replies lads, especially sceptre.
    I'll get cracking on registering it now :)


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    #10
    antoinolachtnai
    Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    Hire a trademark attorney.

    It costs more, but you have some chance of getting it done right.

    The standard of registrations foe trademarks is abysmal, especially for logos. There are plenty of trademark registrations which although properly registered are invalid. This means that they are basically useless to bring to court.

    You also need to understand and decide whether registering a community trade mark is important in your circumstances.

    If you search there is a thread about this some time in the past (where a lot of nasty and untrue things were said about me, so don't expect me to dig it out).

    This stuff about registered envelopes is vaguely relevant if you want to protect a copyright. It is completely irrelevant for trademark matters. It will be of almost no help whatsoever if you end up in court.

    Whatever you do, don't rely on legal advice you pick up on the Internet.


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