Trademarks

A trademark is anything of distinctive form which is visible to the eye, including names, words, letters, numbers, signatures, drawings, symbols, seals, pictures or embossment, or a particular arrangement of colour or set of colours, or any group of these features, if used or intended to be used to distinguish the products or services of a commercial, industrial, agricultural, professional or service enterprise.

It is forbidden to register marks which match, resemble or are translations of a trademark which is famous in the Republic for similar products or services, even if the famous trademark is not registered in the Republic. The same applies to famous trademarks registered in the Republic for products or services that do not match or resemble the products or services for which a registered mark has been requested, if that registration would lead people to believe that a link existed between those products and services and the famous trademark, or if it would cause damage to the holder of the famous trademark. In order to determine whether or not a particular trademark is famous consideration must be given to the level of awareness thereof among the relevant public, including how wellknown it is within the Republic as a result of being promoted and marketed.