Trademarks Law in Ireland
Trademark Law in Ireland
1. Legal Framework
Trademark protection in Ireland is governed by:
Trade Marks Act 1996 (as amended)
European Union Trademark (EUTM) Regulation (EU Regulation No 2017/1001)
Administered by the Irish Patents Office, which is part of the Irish Intellectual Property Office (IPO)
As an EU member (subject to Brexit effects), Ireland recognizes both national trademarks and European Union Trademarks (EUTMs)
Ireland is a member of international treaties:
Paris Convention
Madrid Protocol
TRIPS Agreement
2. What Can Be Registered as a Trademark?
A trademark may consist of:
Words, names, slogans
Logos, designs, symbols
Letters, numerals
Shapes, colors, sounds (if graphically represented)
Motion marks, holograms, position marks
The trademark must be distinctive and capable of distinguishing goods/services.
3. Trademark Registration Process
Authority: Irish Patents Office
Steps:
Application Filing (online or paper)
Formal Examination
Publication in the Trademarks Journal for opposition (2 months)
Opposition Period: 2 months to file oppositions
Registration issued if no opposition or opposition rejected
4. Duration and Renewal
Trademark protection lasts 10 years from the application date
Renewable indefinitely for 10-year periods
Renewals can be filed within 6 months before expiry, with a 6-month grace period after expiry (with late fee)
5. Rights Conferred
Exclusive right to use the trademark in Ireland
Right to prevent unauthorized use or confusingly similar marks
Right to license or assign the trademark
Right to oppose or cancel conflicting trademarks
6. Infringement and Enforcement
Infringement includes:
Unauthorized use of identical or confusingly similar marks
Use that causes consumer confusion or dilutes the trademark
Remedies:
Injunctions
Damages or account of profits
Delivery up or destruction of infringing goods
Criminal penalties for counterfeiting
7. International Protection
Ireland participates in the Madrid Protocol, allowing international trademark applications designating Ireland.
European Union Trademarks (EUTMs) cover Ireland and all other EU member states.
Ireland recognizes priority rights under the Paris Convention.
Summary
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act 1996 & EUTM Regulation |
| Registration Authority | Irish Patents Office (IPO) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 2 months after publication |
| Madrid Protocol Member | ✅ Yes |
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