Trademark Registration in Ireland
Registering a Trademark in IrelandUpdated on Thursday 29th April 2021
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A trademark is the visual representation of a company’s identity, through which it promotes the services or products supplied to its clients; a trademark has also the purpose to identify on the market a certain company and to distinguish it amongst many others. If you plan to open a business in Ireland and you need information on the registration of a trademark here, our Irish lawyers can present to you the legislation on this subject.
In case you need trademark registration services in another country, for example in Romania, we can put you in contact with our partners from Romarkip.ro.
We can assist during the entire procedure of trademark registration in Ireland.
The Trade Marks Act in Ireland
Ireland enacted the Trade Marks Act in 1996 as a legal means of protecting intellectual property rights. According to the Trade Marks Act, a trademark is any graphical sign designed to distinguish goods and services of a company from those of another Irish company. The trademark is an important marketing tool defining the goods or services of a company. In order to protect companies and to attract foreign investors in Ireland, the authorities have continuously improved the legislation for the protection of trademarks.
In Ireland, trademarks can represented by words, designs, letters, numbers or any other sign capable of distinguishing a good or a service from others. For more information on trademark registration in Ireland, you can direct your inquiries to our lawyers in Dublin.
The main characteristics of an Irish trademark
According to the Irish legislation, a trademark can take any form which can be represented by one or more letters, numbers, signs, colors or shapes, or any combination of these that together can form logos, words, etc. The most important aspect to consider when filing for trademark registration in Ireland, however, is that the selected mark must have distinctive features, meaning it must be unique, and must represent the goods or services of an individual or company by distinguishing them from others.
The registration of a trademark in Ireland is not complicated as a process, however, it is lengthy because of the verifications that need to be made by the Irish Patent Office.
Our law firm in Ireland is at your service for assistance making the necessary preparations for trademark registration.
Types of trademarks in Ireland
A trademark is, in a way, one of the most representative aspects of a business, as it offers the visual impact to which your consumers will react. As such, it is of high importance to choose the most appropriate type of trademark, which will represent your business activity in the best way possible. According to the Irish law, you can choose from the following types of trademarks:
• standard trademark – words, slogans or logos, describing the business activity of your company;
• collective trademark – applicable if your company is a part of an association;
• certification trademark – applicable for businesses in which the proprietor wants to certify that his products or services are of high standard quality;
• series of trademarks – a number of no more than six marks, which have to be similar in their core features; you can ask for more information on this matter from our attorneys in Ireland.
• three- dimensional marks.
We can assist in trademark registration in Ireland, no matter the type of mark you are interested in.
Trademark registration steps in Ireland
Registering a trademark in Ireland implies completing several steps:
- filing the documents with the Irish Patent Office (the registration can also be completed with the European Intellectual Property Office);
- the examination of the trademark which is completed by Patent Office representatives;
- the publication of the trademark in the Official Gazette in order to make sure no oppositions are filed against it;
- the issuance of the Certificate of Registration after paying the registration fees.
An additional procedure that is not mandatory, however, our Irish lawyers recommend it is the verification of the trademark before starting the registration procedure.
If you are interested in trademark registration in Ireland and need assistance, our law firm is at your disposal with details on how to complete it. We can also handle the registration on your behalf through a power of attorney.
You can also watch our video on trademark registration in Ireland:
Trademark registration process
In order to have the right to use a trademark on the territory of Ireland, an investor must apply at the Irish Patent Office by choosing one of the following available methods:
• applying online by completing an online form;
• sending the form by post office;
• presenting in person at the Patent Office;
• secure drop box – applicable for companies which intend to apply on a frequent basis.
The document you must file at the Patent Office requires information about the chosen trademark (word or figurative representation), its colors, the goods/services it will protect and other specification. Our Irish lawyers can offer you all the relevant information upon this subject.
Trademark verification in Ireland
As mentioned earlier, in order to ensure a correct trademark registration procedure in Ireland, it is best to verify if the sign one wants to use meets the registration criteria related to uniqueness, to distinctiveness and not being deceitful.
This verification is recommended in order to make sure the trademark one is about to register will not be rejected by the Patent Office during the examination stage. Moreover, it is best to have all documents properly checked before submission for the future owner to not be given back the application file.
Our Irish law firm can perform these verifications and make sure you are off to a good start when applying for trademark registration.
Documents to be filed for trademark registration in Ireland
The list of documents that need to be filed when registering a trademark in Ireland is not comprehensive, however, it must be thoroughly prepared in order to avoid the delay of the entire procedure. This application file must contain:
- Form No. 1 which must contain details about the applicant;
- a graphic representation of the trademark;
- information about the classification of the goods or services the trademark will represent;
- a power of attorney if the registration is completed by proxy.
It should be noted that trademark registration in Ireland is based on the Nice Classification system, which is why one or more classes of the goods or services must be selected. Our lawyers can assist with this step when preparing the documentation.
Any errors or clarifications that need to be made after the submission of the documents are to be applied for and corrected (this service is subject to a fee).
Those who apply for trademark registration in Ireland should also be mindful of the costs. For example, the application dee is €70.00 per each class of goods or services. Some costs examples include the following:
- one application for one trademark in one class of goods or services: €70.00;
- one application for one trademark in two classes: €140.00;
- the registration of a series of trademarks: €50.00 for each one in excess of two in the series (a maximum number of 6 marks is permitted in a series).
An additional registration fee applies for the publication of the mark in the Journal of the Intellectual Property Office of Ireland, with a value of €177.
Please note that the fees listed above were valid at the time this article was written. If you wish to register a trademark in Ireland in 2021 you can reach out to our lawyers to find out if any fees updates were made.
Trademark opposition in Ireland
A successful trademark application does not guarantee the fact that the chosen mark will be immediately published. This is because other parties have three months within which they can oppose the registration of the said mark, should they have grounds to do so. It is useful to know that the three-month period cannot be extended.
The common procedure is to first send a notification to the trademark applicant, informing him of the intention to oppose the mark. This offers him a chance to withdraw the application altogether and stop any intellectual property rights litigation that may follow. Any opposition is filed with the Controller of Intellectual Property and it is subject to a €60 fee. While there is no standard form in this case, the information that needs to be enclosed includes the name and address of the opponent, the grounds on which the opposition is made, details about the opponents trademarks, the date and signature. The party who has applied for the trademark that is being opposed will be receive a copy of the Notice of Opposition.
Our team of lawyers in Ireland is able to assist entrepreneurs in all disputes involving intellectual property, such as filing trademark oppositions or replying to this type of action (filing the Counter Statement to the opposition). Seeking proper legal aid is important, as the other party may be entitled to claim costs as a result of the awards that are possible after these proceedings.
Legal services related to registering a trademark in Ireland
The trademark registration procedure in Ireland is not complicated, however, because it takes quite some time for the Certificate of Registration to be issued, it is best to have all documents in order when starting the process.
The verification and preparation of the registration file can be completed in a matter of days by our lawyers in Dublin, Ireland, thus helping you save time. We can also submit the registration dossier and constantly verify the status of the application.
Our services can benefit those who are not in the country at the time of filing for trademark registration here. Moreover, we can also ensure the registration of trademarks at European Union and international levels for higher protection.
Why register a trademark in Ireland?
Irish companies have most of the benefits when seeking trademark registration in Ireland and abroad for their trading names, goods or services they want to have protected.
It is also good to know that:
- after the trademark has been approved, the applicant must pay the registration fee within 2 months;
- the entire trademark registration procedure takes around 10 months to complete;
- the protection of a registered trademark is 10 years and can be renewed for 10 more years;
- the application for renewal must be filed at least 6 months before expiry.
Trademarks are a form of intellectual property, meaning that their ownership can be transferred, sold or assigned to another individual. Should the ownership of a mark registered in Ireland change, this change is to be registered with the authorities. It is also possible for trademarks to be used by a licensee, for example in case of franchises. When a trademark is licenses, the licensor (the owner of the trademark) grants another party (the licensee) the right to use the registered mark, a right which may be described as the licensor wishes, either general or limited. For example, a trademark registered in Ireland can be licensed in a limited manner to allow a third party to use it in relation to some, not all of the goods or services for which it is registered or only in a particular region. Trademark licensing is subject to a formal application and the payment of a fee.
Before entering into a trademark licensing agreement, we advise all interested individuals to reach out to our lawyers in Ireland in order to clarify any issues and receive the legal support they need.
Different IP rights in Ireland
Companies and entrepreneurs in Ireland are able to register trademarks as well as other forms of intellectual property (IP), as needed. some of the general guidelines on the available options are the following:
- Trademarks: as stated in this article, it is the distinguishing symbol, sign or combination used to identify the company and/or create its brand image;
- Copyrights: for companies that produce content, training manuals, artists who write songs or books or create other works of art;
- Designs: for companies or individuals who deign new forms or shapes for furniture, jewelry, or clothing/fashion pieces;
- Patents: for technical inventions or new technical processes, as well as for inventive modifications brought to existing products;
- Trade secrets: for those companies that have created and/or work habitually with unique technical processes or information.
Irish companies and entrepreneurs may need to apply for the protection of one or more such rights and all applications for these are handled by the Irish Intellectual Property Office.
If you need to register a trademark in Ireland, please contact our Irish law firm, where you can receive high quality services according to your company’s needs.