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Sho Og 0543 TM Factsheet (European Union And Ireland) Featured Image Dec2023

Trade Marks Prosecution Factsheet: European Union and Ireland

Guide

02 January 2024

Ireland

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Following Brexit, effective 1 January 2021, EU trade marks no longer provide protection in the UK. They do, however, provide protection in all other EU member states, including Ireland.

Learn more in our trade marks guide to the EU and Ireland.

European Union

Type of filings

The European Union Trade Mark (EUTM) is valid in all EU Member States.

Priority

Paris Convention, World Trade Organisation and priority from a State for which the European Commission has confirmed reciprocity can be claimed. The date of priority shall count as the date of filing of the EUTM.

Single or multi-class

Both single and multi-class applications are accepted.

Classification

Nice Classification

Protection of goods and services

Both goods and services may be protected.

Term of initial registration

10 years from the filing date, which is also deemed to be the effective date of registration.

Renewals

  • Due every 10 years, with a six-month grace period.
  • Restoration is available in very limited circumstances.

Typical documentary requirements and formalities for key filings

  • No Power of Attorney is required for filings.
  • Simply signed scanned accompanying documents may be required where relevant to the particular type of filing to be made, for example the filing of an assignment or licence agreement.
  • Priority-based applications (new filings only): a simple copy of the priority document in in one of the languages of the European Union issued by the relevant IPO.

Observations

  • New applications are typically processed within four to nine months in smooth cases. If objections are raised or the trade mark is opposed, the registration process will take longer.
  • Applications placed on the “fast track” for examination may register within five to six months in smooth cases.

Ireland

Type of filings

National

Priority

Paris Convention Priority can be claimed. Ireland is party to the Paris Convention.

Single or multi-class

Both single and multi-class applications are accepted.

Classification

Nice Classification

Protection of goods and services

Both goods and services may be protected.

Term of initial registration

10 years from the filing date, which is also deemed to be the effective date of
registration.

Renewals

  • Due every 10 years, with a six-month grace period.
  • Restoration is also possible, if filed within six months of the date of publication of the removal of the mark if, having regard to the circumstances, the Controller is satisfied that it is just to renew the registration.

Typical documentary requirements and formalities for key filings

  • No Power of Attorney is required for filings.
  • Original or certified accompanying documents are required in order to
    record an assignment or licence agreement.
  • Priority-based applications (new filings only): a certified hard copy
    priority document in English issued by the relevant IPO.

Observations

New applications are typically processed within six to nine months in smooth cases. If objections are raised or the trade mark is opposed, the registration process will take longer.

 

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