Legal notes to trademark registration in Ireland

Legal notes to trademark registration in Ireland

Trademark registration in Ireland. Ireland is an island in the North Atlantic. There are three World Heritage Sites on the island: the Brú na Bóinne, Skellig Michael, and the Giant’s Causeway. Several other places are on the tentative list, for example, the Burren, the Ceide Fields, and Mount Stewart. Furthermore, Ireland has a strong commitment to renewable energy and ranks as one of the top 10 markets for clean-technology investment in the 2014 Global Green Economy Index. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Ireland. 

Signs registrable as a trademark in Ireland

Signs registrable as a trademark in Ireland include any sign capable of being represented graphically.

A combination of words (such as slogans), letters, and numerals are signs that can be registered as a trademark in Ireland.

In addition, drawings, symbols, three-dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors are also registrable as a trademark in Ireland.

Necessary documents for trademark registration in Ireland

Necessary documents for trademark registration in Ireland include:

  • Applicant’s detailed information;
  • Trademark model;
  • A detailed list of goods or services;
  • Payment of the filing fee;
  • A certified copy of the Priority Document (If any)

The procedure of trademark registration in Ireland

In order to obtain trademark protection in Ireland, the applicant needs to file a trademark application to the Irish Patents Office.

After receiving the application, the examiner at the Patent Office will conduct a formal and substantive examination to ensure that the subject of the application is not similar or identical to a trademark already existing (registered) or the subject of an existing pending application for registration in the same classes of goods or services.

If no errors are detected during the examination and the application is qualified, the trademark will be published in the Official Journal of the Patents Office.

After the publication, the trademark will enter a 3 month opposition period in which other third parties can file for opposition to the registration of the trademark.

If no opposition is raised, the applicant will be granted a trademark registration certificate and the trademark will have a protection period of 10 years from the date of filing.

To extend the validity period of the trademark, the trademark owner needs to file for renewal of the trademark 6 months prior to the expiration deadline of the trademark.

In addition, Ireland also provides a 6 months grace period after the expiration date in which the trademark owner may file for renewal upon payment of a late filing fee.

Note:

The official languages of the trademark application in Ireland are Irish and English. Any application documents filed in other foreign languages must be delivered with a verified translation.

The processing time for a trademark registration process from first filing to registration is approximately 10 months.

Ireland is a member of the Madrid Protocol. Accordingly, applicants who want to register their trademark in Ireland can file for an international Trademark Registration through the Madrid System.

Use requirement of the trademark in Ireland

A trademark in Ireland may be subject to cancellation if the owner of the trademark has not used the trademark within a continuous period of five years from the registration of the trademark.

You can see a list of Ireland IP firms here.