The short answer
An Irish trade mark is registered for 10 years from the date of registration, which is the filing date, and can be renewed indefinitely for further 10-year periods. Renew before expiry, or within 6 months after expiry with an additional fee. Notice of opposition must reach the Controller within 3 months of publication. A mark can be revoked after 5 years of non-use. Every proprietor needs an address for service in the European Economic Area.
Trademark deadlines in Ireland at a glance
These rules come from the Trade Marks Act 1996 and the Trade Marks Rules 1996, in the unofficial consolidated versions published by the Irish Government and the Intellectual Property Office of Ireland (the Act text covers amendments up to December 2019, including the European Union (Trade Marks) Regulations 2018). Ireland is also covered by EU trade marks, which have their own rules. We check the latest amendments before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable indefinitely for further periods of 10 years (Section 47). |
| Which date does the term count from? | The date of registration. A mark is registered as of the date of filing the application, and that date is deemed to be the date of registration (Section 45(3)). |
| When can I renew? | File the renewal request and pay the fee before expiry. The Controller reminds the proprietor beforehand. A renewal request can be filed from 6 months before expiry (Section 48 and Rule 38). |
| Is there a grace period? | Yes. A request for renewal can be filed within 6 months from the date of expiry with the renewal fee plus an additional fee (Rule 39). After that, the mark is removed from the register. A request to restore it can be made within 6 months of the publication of the removal (Rule 40). |
| Opposition period | Any person can send a notice of opposition on the grounds in Section 10 within 3 months of the date of publication of the application in the Journal, with the fee and a statement of grounds (Section 43 and Rule 18). The applicant then has 3 months to file a counter-statement (Rule 19). The parties can jointly ask for a stay of at least 2 months to settle. |
| Reply to an office action | The Controller examines whether the application meets the requirements for registration (Section 42). Third parties can also send written observations on why a mark should not be registered at any time before registration (Section 43(3)). We answer examination objections within the time set in the notice. |
| Priority claim | Convention priority applies for 6 months from the first filing in a Paris Convention country. Evidence of priority is filed with the application or within 3 months of the filing date (Section 40 and Rule 13). |
| Non-use | The registration may be revoked if, within 5 years after publication of the registration, the mark has not been put to genuine use in the State, or if use has been suspended for an uninterrupted 5 years, and there are no proper reasons. Use that starts or resumes before the application for revocation protects the mark, subject to a 3-month rule (Section 51). |
| Assignment | An assignment, a licence and a security interest are registrable transactions, and the particulars are entered in the register on application. Until the application is made, the transaction is ineffective against a person who acquires a conflicting interest in ignorance of it (Section 29). |
Who can register a trademark in Ireland
Any person can apply for a trade mark that meets the requirements of the Act. Goods and services follow the Nice Classification (Section 39). An applicant outside the EEA must give an address for service in the EEA.
Representation. Every applicant and proprietor must give the Controller an address for service in the European Economic Area. A registered trade mark agent can act as the address for service (Rule 10). A foreign owner without an EEA address therefore needs an agent.
Trademark registration process in Ireland
Search
- Search the the Controller of Patents, Designs and Trade Marks (Intellectual Property Office of Ireland) records for identical or similar marks in your classes.
File the application
- File with the the Controller of Patents, Designs and Trade Marks (Intellectual Property Office of Ireland), through your Irish trade mark agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After acceptance, the application is published and anyone can oppose within 3 months (Section 43 and Rule 18).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Controller of Patents, Designs and Trade Marks (Intellectual Property Office of Ireland) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Ireland trademark validity and renewal
- The term is 10 years from the filing date.
- File the renewal request from 6 months before expiry.
- You can still renew within 6 months after expiry with an additional fee.
- Use the mark in Ireland to avoid revocation after 5 years.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Irish trademark
Assignment
Change of ownership
Enter the assignment in the register under Section 29 so it binds third parties.
Licence
Licensing the mark
A licence is a registrable transaction and is entered in the register (Section 29).
Alteration
Changes to the mark
The mark can be altered only in ways that do not substantially affect its identity, with the Controller's leave (Section 49).
Surrender
Giving up goods or the mark
The proprietor can surrender the mark for some or all goods (Section 50).
Non-use and cancellation of a Irish trademark
Under Section 51, the registration may be revoked for 5 years of non-use without proper reasons, for becoming the common name in the trade, or for misleading use. Any person can apply, to the Controller or to the High Court (Section 51(4)).
Keep dated proof of use in Ireland: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Ireland
Search the Irish trade mark register on the Intellectual Property Office of Ireland website. The opposition period runs from publication in the Journal.
Sources used
- Trade Marks Act 1996 (unofficial consolidated version published by the Department of Enterprise, amendments up to December 2019): Sections 29, 39, 40, 42, 43, 45, 47 to 51.
- Trade Marks Rules 1996 (unofficial consolidated version on the Intellectual Property Office of Ireland website): Rules 10, 13, 18, 19 and 37 to 40.
Ireland trademark FAQ
How long does a trademark last in Ireland, and from when?
10 years, renewable indefinitely for further periods of 10 years (Section 47). It counts from the date of registration, which is the filing date (Sections 45(3) and 47).
When should I renew a Irish trademark, and is there a grace period?
File the renewal request and pay the fee before expiry. The Controller reminds the proprietor beforehand. A renewal request can be filed from 6 months before expiry (Section 48 and Rule 38).
What is the opposition period in Ireland?
Any person can send a notice of opposition on the grounds in Section 10 within 3 months of the date of publication of the application in the Journal, with the fee and a statement of grounds (Section 43 and Rule 18). The applicant then has 3 months to file a counter-statement (Rule 19). The parties can jointly ask for a stay of at least 2 months to settle.
How much does it cost to register a trademark in Ireland?
The official fee is set by the the Controller of Patents, Designs and Trade Marks (Intellectual Property Office of Ireland) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Ireland?
Yes. A foreign applicant needs an address for service in the European Economic Area, which a registered Irish trade mark agent can provide (Rule 10).
Can I assign a Irish trademark?
An assignment, a licence and a security interest are registrable transactions, and the particulars are entered in the register on application. Until the application is made, the transaction is ineffective against a person who acquires a conflicting interest in ignorance of it (Section 29).
Can a Irish trademark be cancelled for non-use?
The registration may be revoked if, within 5 years after publication of the registration, the mark has not been put to genuine use in the State, or if use has been suspended for an uninterrupted 5 years, and there are no proper reasons. Use that starts or resumes before the application for revocation protects the mark, subject to a 3-month rule (Section 51).
How can I check the status of a Irish trademark?
Use the the Controller of Patents, Designs and Trade Marks (Intellectual Property Office of Ireland) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Convention priority applies for 6 months from the first filing in a Paris Convention country. Evidence of priority is filed with the application or within 3 months of the filing date (Section 40 and Rule 13).
How do I change the owner's name or address?
Record the change with the the Controller of Patents, Designs and Trade Marks (Intellectual Property Office of Ireland) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Ireland
SUPREMEiP® files trademarks worldwide through its network and checks every Irish deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
