National toll free hotline:
400-711-2005
愛爾蘭Ireland
Any person or company etc who uses or proposes to use a Trade Mark can apply to register that mark.
An application may be made either before the mark is put in use or afterwards. Generally speaking, an application should be made to register a mark as soon as possible to ensure priority over anyone else who applies to register the same or similar mark.
- On-line – complete the on-line form here. The fee for filing an application must accompany the on-line application.
- By post - download the application form (Form No. 1) and post it to the Patents Office, Government Buildings, Hebron Road, Kilkenny. The application fee can be paid at this time or within one month of the date of filing.
- In person at the Patents Office.
- By secure drop box facility – only intended for use by persons or firms which make or intend to make a number of applications on a frequent basis. It facilitates the submission of encrypted trade mark applications and associated documents electronically and securely via the Internet.
An applicant may pursue his or her application personally or choose to employ the services of a registered Trade Mark Agent. If an application meets the criteria for registration, it is registered with effect from the date of application.
When an application (which contains the minimum information required) is received, a filing date and application number is assigned and a filing receipt is issued.
The Minimum requirements for a filing date are
? A request to register the Mark (completion of the prescribed application form meets this requirement),
? The name and address of the person requesting the registration,
? A representation of the mark,
? A statement or list of the goods and/or services for which registration of the mark is sought.
The application is then examined as to its registrability. The examination process includes a search of relevant databases to ascertain whether the mark or a similar mark has previously been registered. If this is found to be the case, then the Office may refuse to register the mark.
The examination also addresses other obstacles to registration such as, for example, whether the mark is simply a laudatory statement of a product's quality (e.g. "Top Grade") or a sign that has become generic within a particular field of commercial activity. These are among a number of grounds on which an application for registration may be refused.
If it is proposed to refuse registration in a given case, the Applicant will be informed of the reasons why and will be afforded an opportunity to make arguments in support of the application. Before any decision to refuse becomes final, the Applicant will have a right to attend an oral hearing before a senior official of the Office.
If the application is accepted for registration, details of the mark will be published in the Official Journal. Within 3 months of the advertisement of a mark, any person who objects to its registration may send a notice of opposition to the Office accompanied by the prescribed fee and the Office will copy this to the Applicant. Each side (the Applicant and the Opponent) is then given an opportunity to file evidence in support of its case and the question of whether the mark should be registered is ultimately decided by a senior official of the Office.
A trade mark registration can last indefinitely provided the registration is renewed. Registration is initially for a period of ten years (from the date of filing of the application) and it can subsequently be renewed every ten years on payment of the renewal fee.
The initial application fee is €70.00. If an application contains goods or services in more than one class then there is a fee of €70 for each additional classification.
The application fee must be paid within one month of the date of filing, failing which the application will be deemed to have been abandoned.
If the application is successful, a registration fee of €177.00 is payable (regardless of the number of classes applied for).
The fee for the renewal of a trade mark registration is €250 payable every ten years from the date of filing the application. If the registration is in respect of several classes, there is a class fee of €125 for each additional class over one being renewed.
There are other fees for matters such as requests to restrict goods or services or a request to amend the application, for record of change of name and address, assignments and licences etc. The full schedule of fees relating to trade marks is contained in the Patents, Trade Marks and Designs (Fees) (Amendment) Rules, 2012 (S.I. No?30 of 2012) and Patents, Trade Marks and Designs (Fees) Rules 2001 (S.I. No. 482 of 2001). Find out more about the Methods of Payments.
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