Ireland Trademark registration
In Ireland the legal basis is the Trademark Act of 1996 (in force since July 1st, 1996) and the Trade Marks (Amendment) Rules 2010. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. As in the United Kingdom, the principles of “common law” apply.
Requirements
A trademark application has to be filed before the Trademark Office. A postal address within Ireland is sufficient. A power of attorney is not necessary. Foreign applicants need a domestic registration.
Procedure
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 12 months from first filing to registration. Before the registration, the trademark application is published in the bi-weekly “Official Journal”. The opposition period is 3 months minus 1 day from publication of the trademark application.
Duration
A trademark registration in Ireland is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. EUROPEAN UNION (COMMUNITY TRADEMARK): Since this country is a member of the European Union, Trademark Protection could be obtained by registration of a Community Trademark (CTM), which is valid for a period of 10 years in all countries of the European Union. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
Duly note, if the trademark has not been used within 5 years from publication of registration, or has not been used for five continuous years thereafter, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.