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MacLachlan & Donaldson
Dublin 14, Ireland (IE)
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Ireland (IE)

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09-28-2016 (Newsletter Issue 17/16)
Expansion of Online Payments Facility
The Irish Patents Office announced the expansion of their online payments facility. This new development will facilitate the online payment of all national Trade Mark and Design fee types together with the filing of related documents.

The previous fee payment functionality was confined to online payment of renewal, grant and registration fees. The new online facility expands the range of fee types that can be paid online to include all national Trade Mark and Design fee types. In addition, all documentation associated with a particular fee type can be submitted via this new development.

Source: www.patentsoffice.ie


01-20-2016 (Newsletter Issue 1/16)
Accession to Singapore Treaty
WIPO notifies the deposit by the Government of Ireland on December 21, 2015, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

The Treaty will enter into force on March 21, 2016.

Source: www.wipo.int


01-20-2016 (Newsletter Issue 1/16)
E-filing for Designs Implemented
As of December 11, 2015, the Irish Patents Office implemented e-filing for designs.

Source: www.tmdn.org


06-10-2014 (Newsletter Issue 9/14)
E-Filing Now Available
The Irish Patents Office announced the launch of their new Trade Mark e-filing facility since 8 April 2014.

This is the latest addition to the suite of interactive online services which already facilitates online searching of national patent and trade mark databases and registers, links which facilitate quick searching of European patent and trade mark registers and databases of the EPO, OHIM and WIPO and includes online searching of the Office’s Official Journal and online payment of a range of statutory fees.

The introduction of electronic filing of trade mark applications will make for greater efficiency on the part of applicants for trade mark registration and will facilitate a speedier and more effective paperless processing of applications by the Office.

The Office’s new e-filing system introduces an easy to navigate application form and makes provision for the uploading of figurative marks in Jpeg format. The e-filing functionality also facilitates the electronic payment of the trade mark application fee by credit or debit card.

Automatic error checking helps ensure that users input the correct data, a fee counter provides information on the cost of the application and the submission process is straightforward and results in an online confirmation receipt that includes a provisionsal application number which can be printed or saved. In addition the TMclass classification tool has been integrated into the ‘Goods and Services’ section of the online application form. This feature allows trade mark applicants to choose pre-approved terms of goods and services which are acceptable to the Office and will further streamline the examination process.

The e-filing system can be accessed here.

Source: www.patentsoffice.ie


02-21-2012 (Newsletter Issue 3/12)
Official Fees Amended
The Irish Patents Office has amended a number of changes to the fees of Trademarks, Patens and Desgins effective on February 1, 2012.

It introduced a fee of EUR 50 for the registration of a series of trademarks in a single registration, for each trademark in excess of two trademarks contained in the application.

For more information, please click here

Source: www.patentsoffice.ie


12-01-2011 (Newsletter Issue 14/11)
Change of Practice in Honest Concurrent Use
The Irish Patents Office has announced a change of practice regarding honest concurrent use which will come into effect on 1 December, 2011.

The Office has suspended its former practice of automatically refusing honest concurrent use based trademark applications where a subsequent opposition from the holder of the earlier trademark was received.

In the future, the Controller will consider each of these opposition cases based on various factors that are defined in the new procedure. The new procedure can be seen here here

Source: www.patentsoffice.ie


04-28-2011 (Newsletter Issue 7/11)
Change of Office Practice in Opposition Proceedings
The Irish Patents Office has suspended its practice of automatically refusing an application for registration, following the opposition thereto from the proprietor of an earlier mark, against which the Applicant claimed there has been honest concurrent use of the trademark for which registration was sought.

This suspension will continue until a consultative exercise regarding the interpretation and administration of the relevant legislation is concluded.

The effect of the suspension will be that all oppositions will now proceed on the basis of Rules 18 to 25 of the Trade Mark Rules 1996, as amended.


Source: www.patentsoffice.ie

10-01-2010 (Newsletter Issue 15/10)
New Trademark Rules
Ireland's new Trade Marks (Amendment) Rules 2010 came into effect on October 4th, 2010. They will modernise trade mark proceedings before the Patents Office in several ways. In particular,
- a new procedure gives parties to an opposition the option to file written submissions in lieu of attending a hearing.

- procedures for an application for a declaration of invalidity have been substantially amended, to align them with opposition procedures. Accordingly an invalidity action will involve filing a notice of opposition/counter-statement by way of defence; evidence in support of the action by the applicant for invalidity; evidence by the proprietor of the contested mark; evidence in reply by the applicant for invalidity; and further evidence, with the leave of the Office.

- the number of marks which may appear in a series is to be limited to a maximum of six marks.

- the merger of an applicant or proprietor company with a separate company will now be capable of being dealt with like an assignment, rather than as an amendment to the register.

- the deadline to request a hearing has been extended from 10 days to 21 days.

- a new application form now allows the applicant to declare that it is using the mark or has a good-faith intention to use it, rather than having to choose between the two options.

Source: www.marques.org and www.patentsoffice.ie


05-09-2010 (Newsletter Issue 10/10)
New Guidelines for Extension of Time
The Patent Office of Ireland has introduced new guidelines for dealing with applications for extension of time in respect of trademarks. They will ensure that applications for extension of time are not made routinely, but are the result of, or supported by evidence of unusual or exceptional circumstances like court cases or other proceedings awaiting completion and circumstances beyond the reasonable control of the applicant.

The new guideline is effective on May 4th, 2010.

For more information please click here


Legal basis is the Trademark Act of 1996 (in force since July 1, 1996) and the Trade Mark Rules 1996, as amended.
Ireland is a member of the Madrid Protocol and the European Union.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
As in the United Kingdom, the principles of "common law" apply.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, colours, colour combinations, three-dimensional forms, the three-dimensional form of a good or its packaging as well as sound marks, olfactory marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, company names and business names.
The application is filed at the Patent Office.
Multiple-class applications are possible.
The number of marks which may appear in a series is to be limited to a maximum of six marks.
Foreign applicants do not need a local representative.
A postal address within Ireland is sufficient.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration when filing for a trademark.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration or first office action is approx. 2 months. If no oppositions or official objections have been raised, the registration will take place after approx. 9 months.
Prior to registration, the trademark application is published in the bi-weekly “Official Journal”.
National:
The opposition period is 3 months minus 1 day from publication of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection extends from the date of application once registration has been granted. The duration of registration of a trademark is 10 years from the date of application minus a day as the renewal has to be paid before midnight on the eve of the registration date.
The registration is renewable for periods of 10 years minus 1 day.
The grace period for renewals is 6 months from the expiration date of the trademark application.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from publication of registration, or has not been used for 5 continuous years thereafter, it may be subject to cancellation. Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.

Further practical details are available in our publication on this topic here
The official application fee is EUR 70.00 per class. The registration fee is EUR 177.00 regardless of the number of classes applied for.
When a series of trademarks shall be registered in a single registration, a fee of EUR 50.00 needs to be paid for each trademark in excess of two trademarks contained in the application.



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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 170,00 € 40,00 € 
Word Mark Search (identical) 60,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-30-2016
MacLachlan & Donaldson, Dublin 14, Ireland

08-12-2013
Bayview IP, County Dublin, Ireland

07-01-2013
Tomkins & Co., Dublin, Ireland

06-21-2013
MacLachlan & Donaldson, Dublin 14, Ireland

11-01-2010
MacLachlan & Donaldson, Dublin 14, Ireland
Tomkins & Co., Dublin, Ireland



MacLachlan & Donaldson

2b Clonskeagh Square, Clonskeagh Road
Dublin 14
Ireland (IE)

Patents Office, Government Buildings
Hebron Road
Kilkenny
Ireland
Tel +353 56 77 20 11 1
Fax +353 56 77 20 10 0
www.patentsoffice.ie

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int