A trade mark may consist of words, (including personal names), designs, logos, letters, numerals or the shape of goods or of their packaging, or of other signs or indications that are capable of distinguishing the goods or services of one undertaking from those of others.

An application may be made either before the mark is put in use or afterwards. Generally speaking an application should be made to register a mark as soon as possible to ensure priority over anyone else who applies to register the same or similar mark.

Prior to applying to register a trade mark, it may be worthwhile to carry out a search to ascertain whether or not an identical or similar mark has already been registered or is the subject of a pending application. Any such mark will have priority, i.e. prior rights and this may be the basis for refusal of registration. Both the National Trade Mark Database and the Community Trade Mark Database should be searched.

These may be accessed via the Irish Patents Office website: http://www.patentsoffice.ie

Alternatively, the Office will undertake a search on receipt of a written request accompanied by the appropriate fee (currently €35.00). A search is made in the National Trade Mark database and the Community Trade Mark database. 

To apply, complete the application form (Form No. 1) “Application to register a trade mark”.  This should then be lodged at the Patents Office.

The fee for filing an application may be paid at the time of filing or within one month of that date. Application Form No.1 together with a guide to completing the form is available at: http://www.patentsoffice.ie/en/trademark_apply.aspx

When an application (which contains the minimum information required) is received, a filing date and application number is assigned and a filing receipt is issued.  The minimum requirements for a filing date are:

• A request to register the Mark (completion of the prescribed application form meets this requirement).
• The name and address of the person requesting the registration.
• A representation of the mark.
• A statement or list of the goods and/or services for which registration of the mark is sought. 

The application is then examined as to its registrability.

The examination process includes a search of relevant databases to ascertain whether the mark is distinctive or if a similar mark has previously been registered. If this is found to be the case, then the Office may refuse to register the mark. The Office will issue a report to the applicant within 12 weeks, indicating acceptance or setting out objections to the registration.  If objections are raised the applicant is afforded a period within which to respond. If matters are not resolved the Controller may refuse the application.  

If the examiner has not raised objections and the mark has been accepted for registration, or objections that have been raised have been overcome, the acceptance of the application will be advertised in the Patents Office Journal. 

Within 3 months of the advertisement of a mark, any person who objects to its registration may send a notice of opposition to the Office accompanied by the prescribed fee and the Office will copy this to the Applicant. Each side (the Applicant and the Opponent) is then given an opportunity to file evidence in support of its case and the question of whether the mark should be registered is ultimately decided by a senior official of the Office.

If no one has opposed your application or you overcome any challenges, we will register your mark and send you a registration certificate.