Trademark registration in Ireland - The ultimate guide
Find out everything about the application process, costs and time required to register your trademark in Ireland.
In which country do you want to register your trademark?
Contents
Why register a trademark in Ireland?
Which body registers trademarks in Ireland?
How is trademark priority in Ireland determined?
How long does it take to register a trademark in Ireland?
What is the cost of trademark registration in Ireland?
Who can register a trademark in Ireland?
What does the trademark registration process in Ireland look like?
What does the trademark opposition process look like in Ireland?
How long does a trademark last in Ireland? How can I renew my Irish trademark?
Why register a trademark in Ireland?
As a member of the European Union with a thriving economy and a strategic location, Ireland offers significant opportunities for foreign investors. Establishing a commercial presence in Ireland provides companies with access to the EU market and numerous trade benefits.
Given Ireland's 'First-to-File' system, obtaining trademark protection is highly recommended, even if branded products are not yet sold in the country. Any business wishing to ensure its brand is well-protected before expanding internationally should consider Ireland a priority on its trademark list.
Which body registers trademarks in Ireland?
The Intellectual Property Office of Ireland (IPOI) is responsible for examining, granting, and administering intellectual property rights, including patents, trademarks, and designs in Ireland.
How is trademark priority in Ireland determined?
Ireland is a "First-to-File" jurisdiction, meaning applicants who first apply for a trademark are assigned trademark rights and given priority over others, regardless of the actual use of the trademark in commerce.
How long does it take to register a trademark in Ireland?
It generally takes 8 to 12 months to register a trademark (from filing the application to the final decision), provided there is no objection or opposition lodged against your application. In the event of opposition, the process may take longer.
What is the cost of trademark registration in Ireland?
The fees for trademark registration in Ireland are:
Trademark application fee: EUR 70 (approx. $76) per one Class of goods or services
Trademark registration fee: EUR 177 (approx. $192) per one Class of goods or services
Who can register a trademark in Ireland?
Both domestic and foreign applicants can file for trademark registration in Ireland. Foreign applicants do not need to appoint a local representative but may find it beneficial to do so to navigate the process.
What does the trademark registration process in Ireland look like?
Create a distinctive sign:
- A trademark must have distinctiveness to be eligible for registration. It should distinguish the goods or services of one enterprise from those of others. Non-distinctive, generic, or overly descriptive marks are less likely to be registered by IPOI.
Conduct a prior search:
- Before applying, it is advisable to conduct a trademark search to ensure that your mark is not confusingly similar to already registered marks. This helps avoid rejection or opposition from existing trademark owners.
Submit an application:
- Applications can be submitted online through the IPOI's e-filing system or in person/by mail at IPOI's headquarters. The application must include the trademark, the list of goods or services, and the necessary fees.
Examination process:
Formal Examination: IPOI will first check for formal deficiencies in the application (e.g., incorrect data, non-payment of fees). If any issues are found, applicants will be notified and given a chance to correct them.
Publication: If the application passes the formal examination, it will be published in the Journal of the Intellectual Property Office of Ireland for a three-month opposition period.
Substantive Examination: After the opposition period, IPOI will conduct a substantive examination to ensure the trademark meets all requirements. If any issues are found, an office action will be issued, and the applicant must respond within a given time frame.
5. Registration and issuance of certificate:
If the application passes the substantive examination and any opposition proceedings, IPOI will grant the trademark registration, and the applicant must pay the registration fee. Once paid, IPOI will issue the registration certificate.
What does the trademark opposition process look like in Ireland?
After publication in the Journal of the Intellectual Property Office of Ireland, there is a three-month period during which third parties can file oppositions. If an opposition is filed, the applicant will be notified and given a chance to respond.
Time: Opposition proceedings can take several months to over a year, depending on the complexity of the case.
Cost: The fee for filing an opposition is €60 (approx. $65). Additional costs may arise if legal representation is needed.
How long does a trademark last in Ireland? How can I renew my Irish trademark?
A trademark in Ireland lasts for 10 years from the date of registration. It can be renewed indefinitely for subsequent 10-year periods.
Renewal fee (within the official date): €250 (approx. $271) per class.
Renewal fee (within an extended period): An additional fee may apply for late renewal, typically 50% of the standard renewal fee.
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