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Ireland Trademark Registration 

In order to obtain trademark protection in Ireland you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Ireland. If you want to proceed this way please follow the steps described below.


A trademark attorney will process your trademark registration in Ireland through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 12 months, if no objections or oppositions arise.

     

  • If I register my trademark in Ireland, do I have protection in other territories?

    Your registered trademark will be protected in the Republic of Ireland with the exclusion of Northern Ireland.

  • Do I need to sign a Power of Attorney?

    Yes, a Power of Attorney is required.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. There are three benefits of pre-filing use: 

    1. Demonstrate the mark’s distinct qualities and characteristics
    2. Defeat third-parties opposing on the grounds of non-distinctiveness
    3. The first party to use the mark establishes ownership rights (unless proven otherwise)
  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Non-use of a registered trademark makes it vulnerable to cancellation.

  • What are the types of trademark that can be registered in Ireland?

    You may register any graphically reproducible marks that are capable of making your good/service distinguishable: words, slogans, names, holograms, sounds, devices, colours, trade dress and 3-dimensional shapes.

  • What are the phases of application after a trademark has been filed in Ireland?

    There are three phases of trademark application in Ireland namely: 

    1. Examination – Your application will be examined based on several factors such as compliance, clarity, classification, conflicts, deceptiveness, descriptiveness and distinctiveness.
    2. Publication – The particulars of your application will be published online including the mark itself, your name and address, the date and number of your application, among other details.
    3. Registration – The application will go through prosecution, and if there any opposition, before the mark will be officially registered.
  • Are there any types of trademark that cannot be registered?

    Applicants cannot register any of the following: 

    • Marks that are contradictory to Ireland’s standards of moral and/or public order
    • Generic words or terms that have broad meaning
    • Marks that contain names/flags/symbols of states/nations/international organizations unless responsible authorities have granted permission
    • Marks that lack distinctiveness
    • Marks that serve primarily as names of geographic locations
    • Marks that banned in this jurisdiction
    • Marks that intend to deceive the consumers or public
    • Marks that are applied for in bad faith
  • Does Ireland use the "Nice Classification" system?

    Yes. Ireland uses the Nice Classification system. Marks that cover several classes of goods/services, single application will cover all of that. 

  • Does the Community Trademark apply for Ireland?

    Yes. Community Trademark, currently known as European Union Trade Mark, takes effect in Ireland.

  • Is there any possibility to claim priority in Ireland?

    Yes. You may claim the filing date of your home application as the filing date in Ireland, but you have to meet the following pre-requisites: 

    • Your home country must be a member of the Paris Convention
    • The filing date of your home application is not more than 6 months from the date of filing in Ireland
    • Your home country is a WTO (World Trade Organization) member
    • Your international registration is recognized in this jurisdiction
  • What do I need to do to satisfy the use requirement?

    You must use your registered mark within 5 years from the date the registration was published. Note that the use must be genuine and must happen in Ireland.

     

  • Once my trademark has been registered, for how many years will be valid?

    The validity of a registered trademark in Ireland is 10 years which is calculated from the date of application.

  • What will be the renewal date of my trademark?

    You must renew your trademark 10 years after the date when the application was filed.

     

  • Is it legal to use my trademark even if it is not yet registered?

    Yes. You may legally use your trademark for business purposes.

     


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