Trademarks
A trademark is a distinctive sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises. It can consist of words, letters, numbers, logos, shapes, packaging, sounds or specific colours used to create a unique identity.
A trademark protects the integrity of your brand and builds consumer trust by distinguishing your products or services from competitors. Trademarks can also be licensed to others under commercial agreements—for example, the Lego Group licensed the Star Wars brand from Lucasfilm to launch the Lego Star Wars line.
What can you trademark?
A trademark must be capable of being represented graphically and must distinguish your goods or services from those of others. It cannot be purely descriptive or promotional. Most registered trademarks are words, phrases, or logos, but distinctive shapes or packaging may also qualify.
Is there such a thing as a worldwide or European trademark?
There is no single worldwide trademark. However, a trademark can be filed in multiple jurisdictions through the following routes:
- International Registration (WIPO): Through the World Intellectual Property Organisation’s Madrid System, trademark owners can file one international application to seek protection in multiple jurisdictions, by paying a single application fee. Each designated country examines and grants protection under its own national law.
- EU Trade Mark (EUTM): A single application through the EU Intellectual Property Office (EUIPO) grants protection across all EU Member States.
Trademark protection is still primarily territorial, so businesses often combine national, EU, and international registrations to secure their rights in key markets.
Design Rights
Design rights protect the visual appearance of a product — its shape, contours, lines, colours, or surface decoration. A famous example is the distinctive shape of the MAGNUM ice cream, protected worldwide by Unilever as a registered design.
Registered Designs
Registered design protection requires filing an application, examination, and renewal fees every five years. In Ireland, protection can last up to 25 years if renewals are maintained.
In the EU, protection can be secured through a Registered Community Design (RCD) via the EUIPO. Like Irish registered designs, RCDs can be renewed every five years up to a maximum of 25 years.
Unregistered Designs
Since 2002, the EU has provided automatic protection for unregistered designs disclosed to the public within the EU. This protection lasts for three years and is particularly suited to products with short life cycles, such as seasonal fashion items. However, for longer-term commercial value, registration of design is recommended.
Thinking about protecting your brand or design?
PURDYLUCEY advises on every aspect of trademarks and design rights — from strategy and filing to enforcement. Our team combines technical expertise with commercial insight to help you protect what makes your business distinctive.