Trademarks serve as markers or identifiers by which companies can use to mark their products or services and distinguish them from those supplied by other businesses. The registration of trademarks in Ireland is not mandatory, however you are highly recommended to register your trademark to protect your brand. A trademark gives you exclusive rights to your services and products such that no one will be able to legally use your trademark without your consent.
What you should use as a trademark?
There are no regulations pertaining to the trademark signs you can use. You can use any sign which can be represented graphically. This can be numerals, 3D signs (shapes), drawings, letters or any combination of words (motto or slogans). It’s even possible to have audible signs (musical or vocal sounds), fragrances or colors as your trademark.
The step by step procedure of Trademark Registration in Ireland.
The Irish Patent office is responsible for the issuing of trademark certificates:
- Fill in an application form, with your name and address, representation of the trademark and a list of the services or goods to be represented by the trademark or a declaration;
- Submit the application form to the Patent Office;
- The Patent office will review your application and publish it in the Official Gazette for three months;
- If all goes well and no one claims or opposes your trademark during this period, you will be issued a Registration Certificate.
The Registration Certificate is only valid for a period of ten years from the time issued but it can be renewed every ten years provided you pay the renewal fee.
Where do I apply for trademark registration?
- At the Irish Patent Office in person
- It’s also possible to send the application by post
- Online, through the online application form
- There is a secure dropbox program specially designed for individuals or companies who are applying for a trademark
Common Types of Trademarks in Ireland
- collective trademarks,
- certification trademarks,
- series of trademarks,
- three-dimensional trademarks.
If you are applying for a trademark in Ireland, you should make sure that the trademark you want to register is not already in use. On a global scale, trademarks are regulated by the World Intellectual Property Organization. WIPO has introduced two multilateral treaties, popularly known as the “Nice and Vienna treaties.” Fortunately, Ireland is recognized as a signatory member of both treaties, making it easier for both individual Irish nationalities and companies to register their trademarks.
Why you should register your trademark?
Trademarks are very important to have and should be amongst your most valuable business assets. This is because they provide legal evidence of your right to particular services or products so that no other people or businesses can legally have use them.
Implications of ignoring the Intellectual Property Rights (IPR)
The Irish jurisdiction has stern laws and regulations when it comes to IPR. However, if you do not register your trademark, these laws cannot protect you. As a result, a competitor can freely take advantage of your business ideas, innovations, reputation, and goodwill without facing any legal consequences. In the case that someone or another business counterfeits or infringes your trademark, you can resolve the issue by taking the competitor to the courts. Usually, the court will decide that you share the counterfeiter’s profits or it will destroy the infringing products.
Registering for a trademark is not a complicated process. However, if you ever encounter any obstacles or if you need any assistance, you can reach out to our expert consultants at SIGTAX. Our well-informed and friendly team is ready to answer all your burning questions and smoothen your application process.