Registering your trade mark in Ireland is a crucial step for any business that wants to protect its brand name, logo, or other identifiers. This article will provide you with an overview of the registration process and what legal protections it provides.
Introduction
If you want to protect your brand in Ireland, you’ll need to register it as a trade mark. This process can seem daunting, but we’re here to help with a step-by-step guide on how to register your trade mark in Ireland.
To register your trade mark in Ireland, you’ll need to file an application with the Irish Patents Office. The application must include:
Your name and address
The trade mark itself – this can be a word, phrase, logo or other graphic
A list of the goods and services that the trade mark will be used for
The application fee – currently €350 for one class of goods or services, or €600 for two classes
Once you’ve filed your application, it will be examined by an examiner at the Patents Office. They may raise objections to your application – for example, if they think your trade mark is too similar to another existing trade mark. If this happens, you’ll have a chance to address the examiner’s concerns and amend your application before it’s registered.
Assuming there are no objections from the examiner, your trade mark will then be published in the Trade Marks Journal. If there are no objections from the public within two months of publication, your trade mark will be registered and you’ll be issued with a certificate of registration.
Congratulations – you’re now the proud owner of a registered trade mark in Ireland!
Ireland’s Trade Mark Law
Ireland’s trade mark law is set out in the Trade Marks Act, 1996. The act provides for the registration and protection of trade marks in Ireland.
A trade mark is a sign that is used to distinguish the goods or services of one trader from those of another. A trade mark can be a word, phrase, logo, picture, sound or smell.
To be eligible for registration, a trade mark must be capable of being represented graphically and must be capable of distinguishing the goods or services of one trader from those of another.
The act also sets out the grounds on which a trade mark may be refused registration. These include if the trade mark is:
– identical or similar to an existing registered trade mark;
– descriptive or non-distinctive;
– offensive;
– contrary to public policy or morality; or
– registered as a company name or as part of a company’s registered address.
If you would like to register your trade mark in Ireland, you can do so online through the Irish Patents website maclachlan.ie/trade-marks/.
PROCESS:
There are several steps to take in order to register your trade mark in Ireland. The first step is to file an application with the Irish Patents Office. This can be done online, by post or in person.
The next step is to pay the required fee. Once the application has been received and the fee has been paid, it will be examined to make sure it meets the requirements for registration.
If everything is in order, the trade mark will be published in the Trade Marks Journal and anyone who objects to its registration will have two months to lodge a notice of opposition with the office.
If no one opposes the registration, or if any opposition is unsuccessful, your trade mark will be registered and you will be issued with a certificate of registration.
Step 1: File an Intention to Register with the Irish Trade Marks Office
Before you can register your trade mark in Ireland, you must file an intention to register with the Irish Trade Marks Office. This can be done online, by post or in person.
When you file your intention to register, you will need to provide:
– Your contact details
– The trade mark you wish to register
– A list of the goods and/or services you wish to use the trade mark for
– Payment of the filing fee
Once your intention to register has been accepted, you will be given a filing date and number. You will then have 6 months from this date to file your trade mark application.
Step 2: Request a Search Report from the Irish Trade Marks Office
If you want to register your trade mark in Ireland, you will need to request a search report from the Irish Trade Marks Office. This report will help you to determine whether your trade mark is already registered or in use by another business.
To request a search report, you will need to complete and submit a search request form, which is available on the Irish Trade Marks Office website. Once you have submitted the form, you will need to pay a fee of €50.
Once your search report has been prepared, it will be sent to you by email within five working days.
Step 3: File a Statement of Grounds Alleging Use of Trade Mark
The Statement of Grounds is a document which sets out the grounds on which you are basing your application for registration of a trade mark. In this document, you must state the goods or services in respect of which you are using the trade mark, and provide evidence to show that you have used the trade mark in relation to those goods or services.
You must also state the date on which you first started using the trade mark in Ireland. If you have not yet started using the trade mark in Ireland, but intend to do so in the future, you can include a statement to that effect in your Statement of Grounds.
If you are claiming priority from an earlier application for registration of the same trade mark in another country, you must also include a copy of the certificate of registration or other evidence of use from that country.
Step 4: Pay your Fees and Submit your Official Documents to the Irish Trade Marks Office
Assuming you have already gathered your evidence and prepared your application, you will now need to pay the associated fees and submit your documents to the Irish Trade Marks Office.
The current official fee for filing a trade mark application in Ireland is €350. If you are submitting your application online, you can pay this fee using a credit or debit card. If you are submitting a paper application, you will need to make your payment by bank draft or company cheque made payable to the ‘Patents Office’.
Once you have paid the relevant fee, you will need to send two sets of all required documentation to the Trade Marks Office. One set should be originals or certified copies, while the other set should be good quality black and white photocopies. It is also possible to submit your application and supporting documentation electronically.
Your trade mark application must include:
-The name and address of the applicant;
– A list of the goods/services in respect of which registration of the trade mark is sought;
– One or more reproductions of the trade mark; and
– If applicable, details of any earlier trade mark registrations cited by the Examiner during examination of the application.
It is important to note that an Irish trade mark registration will only be granted for goods/services actually used or intended to be used in commerce in Ireland. If successful, your trade mark will be registered for an initial period of 10 years from the
Conclusion
So there you have it, a step-by-step guide on how to register your trade mark in Ireland. By following these simple steps, you can be sure that your trade mark is properly registered and protected in Ireland. If you have any questions about the process or need help with anything, don’t hesitate to get in touch with a professional trade mark attorney who can assist you.