The current trademark regulations in Ireland are mainly based on the Trademark Act, which came into effect on July 1, 1996. The Irish Intellectual Property Office is responsible for managing trademark affairs, and the official languages are Irish and English. The trademark registration in Ireland follows the principle of 'first application'. Trademark registration is not mandatory, but for better protection or renewal, it is best to register in accordance with the law.
Ireland is a signatory to international intellectual property treaties such as the Paris Convention, the Convention Establishing the World Intellectual Property Organization, the TRIPS Agreement, and the Trademark Law Treaty. It is a member of the Madrid Protocol and the European Union, and trademark registration can be processed through "single country registration," "European Union registration," or "Madrid International Registration.
At present, the Irish Patent Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Ireland include: text, letters, numbers, graphics, slogans, colors, color combinations, three-dimensional shapes, odors, etc.
Natural or legal persons who do not have a domicile or main place of business or a genuine and valid business enterprise in Ireland do not need to entrust a specialized agent in that country as long as they have a mailing address in that country. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4.If priority is declared, proof of priority must be provided.
The main process for applying for registration of an Irish trademark is: application - examination - announcement - approval and issuance of certificates. The application will be accepted about one week after submission, and the examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. The opposition period is three months from the date of announcement, and anyone can raise an objection to the registration of the trademark. The main reasons for raising an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Ireland takes about 10 months; If things don't go smoothly and there are rejections or objections, the time will be greatly extended.
The Irish trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The revocation/invalidation application after trademark registration can generally be filed in accordance with the following provisions of the Trademark Act of Ireland, which came into effect on July 1, 1996:
1. According to Article 51 of the Trademark Law, revocation is requested: (1) Without justifiable reasons, the trademark has not been actually used in the country for five consecutive years after registration; (2) Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the goods or services it is registered for; (3) The actual use of a trademark may lead to public misidentification of the nature, quality, and geographical origin of goods/services.
2. Invalidation according to Article 52 of the Trademark Law: (1) Violation of the provisions of the Trademark Law; (2) Similar or identical to a trademark previously applied for registration by others; (3) Infringe upon other prior rights of others.