Trademark Registration in Ireland

Ireland Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Ireland?

For getting trademark protection in Ireland, you can go for trademark registration in Ireland in two ways. First option is to request for registration in the entire European Union with one single application. You can do this by getting the European Union Trademark as it grants protection in the 28 member countries. Another option is to do trademark registration directly in Ireland. If you want to do that, please follow the below-mentioned steps.

A trademark attorney will process a trademark registration in Ireland by conducting the below-mentioned steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Ireland, it is important to assess all probable challenges that could come in the way of the registration process. This Comprehensive Study of the trademark helps in making a list of all comparable trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files your particular trademark registration in Ireland and fulfils all necessary steps in the Trademark Office for getting registration approval. After the trademark is filed, we send the filing report comprising of the application number, date, and a scanned copy of the complete application.

Step 3: Trademark Registration Certificate:

After approval of trademark application by the Trademark Office, the attorneys complete all mandatory tasks to get the registration certificate in Ireland. When the certificate is obtained, it is sent to your postal address with a registration report including all details such as the registration number, date and any other special consideration to be taken into account in Ireland.

Will I get any right after having a registered trademark in Ireland?

Registration is not compulsory to get rights to a trademark. The first-to-use rule is valid in Ireland. But registering a mark is better as the process of enforcing rights in a registered trademark is reasonable as compared to an unregistered one.

On what grounds can a Trademark Application be opposed?

Trademark can be opposed in case of violation of:

  • Proprietary rights
  • Personal name rights
  • Descriptive trademarks
  • Non-distinctive trademarks
  • Article 6bis and Article 6septies of Paris Convention
  • Rights in company/personal name
  • Protected emblems or insignias have been used without necessary permits

Will I have any rights established after trademark registration in Ireland?

Yes. Registered marks in Ireland establish the following rights:

  • Exclusive rights for using and taking benefit from the trademark
  • Take legal course of action against any infringement
  • Get damages from infringement

Is Ireland a member of the Madrid System?

Yes. Ireland is a member of Madrid Protocol.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 12 months, provided no objections or oppositions happen.

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

Yes, the registered trademarks are protected in Republic of Ireland with an exception of Northern Ireland./p>

What are the various kinds of trademarks permitted to be registered in Ireland?

Any sign that can be graphically depicted and can set apart a product/service from its competitors can be registered:

  • Names
  • Slogans
  • Words
  • Sounds
  • Devices
  • Holograms
  • Trade dress
  • Colors
  • 3-D shapes

Post the trademark registration in Ireland, for how many years is it valid?

The validity of a trademark registration is 10 years.

When will I have to renew my trademark?

Subsequent renewals should be done every 10 years.

What would be the renewal date for a trademark?

The first renewal date of a trademark registration in Ireland is 10 years counted from the date of application filing.

What documentation is needed while renewing a trademark?

No documentation is needed for renewals.

Do I get a grace period after my trademark expires?

Yes, the grace period after the expiry of the renewal date is 6 months.

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