English
The “first to use” rule is applicable in Ireland. You don’t need to register your trademark in order to obtain rights. However, registration is preferable because the procedure of enforcing rights in a registered mark is less expensive than enforcing rights in an unregistered mark.
Visit the national office website in this URL: www.patentsoffice.ie
Yes. Although this jurisdiction does not mandate applicants to prove use, applicants are obliged to submit a statement that the mark is currently being used or that they have legit intentions to use the mark.
The following are grounds for your trademark application to be opposed:
- Proprietary rights violation
- Descriptive marks
- Non-distinctive marks
- When Article 6bis and Article 6septies of Paris Convention are violated
- When rights in company or personal name are violated
- When protected emblems and insignias are used without permit from authorities
Anyone can object to your registration.
Yes. Registered marks may possibly be cancelled on the following grounds:
- Violation of Section VIII.A. Use Requirements
- Registration in bad faith
- Violation of rights under Article 6ter of the Paris Convention
- Mark is proven to be misleading, not distinctive, functional, descriptive, or generic
- Mark uses a protected emblem or badge
- Mark contradicts principles of morality and public order
Yes. You will establish the following rights when your mark is finally registered:
- Exclusive rights to use the mark
- Right to take legal action (infringement) against anyone who uses an identical mark
- Right to receive damages due to infringement
Opposition period starts on the date the application was published in the Official Journal. It will end three months minus a day after the date it was published.
Yes. Ireland is a Madrid Protocol signatory.
No. Owners of registered mark are not obliged to submit a periodic statement of use.