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.
Most Irish trademarks fall into the ordinary or standard category that consists of words, slogans or logos. However, the Irish legislation also provides other types of trademarks:
Individuals of Irish companies applying for trademark registration must make sure the trademark they want to register is not used by anyone else. In order to prevent wrongful use of a trademark, the World Intellectual Property Organization has enabled two multilateral treaties (the Nice and Vienna treaties) that categorize trademarks. Ireland is a signatory member of both treaties thus facilitating trademark registration for individuals and companies.
Our specialists in company incorporation in Ireland will provide you with information about all international treaties for the protection of intellectual property the country signed.
Individuals or Irish companies applying for trademark registration have two possibilities:
The applicant must fill in the prescribed application form with the name and address of the person requiring the trademark registration, a representation of the trademark and a declaration or a list with the goods or services the trademark will represent.
The representatives of the Patent Office will examine the request, will publish it in the Official Gazette for three months and during this period the registration can be opposed. If no one opposes the trademark registration the Irish Patent Office will issue a Registration Certificate. Trademarks have 10-year validity in Ireland and can be renewed provided that a renewal fee is paid.
You can contact our Irish consultants in company registration if you need help with the trademark registration procedure.