A New Culture of Third Level Branding

October 2010

Article by Robin Hayes, associate in Whitney Moore, published in the International Law Office Newsletter.

A recent judgment by the Supreme Court has endorsed European Court of Justice (ECJ) principles relating to the liability of trademarks to revocation for non-use. The judgment confirmed that the Irish courts will protect the IP rights of companies that rely on so-called ‘third level branding’ to promote their products. Third-level branding has been described as branding a product by reference to a unique branded ingredient.