IRELAND Law and Practice Contributed by: Hannah McLoughlin, Jane Bourke, Karen Gallagher and Kevin Doyle, Pinsent Masons Ireland LLP
4.2 Trade Mark Register The Intellectual Property Office of Ireland (IPOI) main - tains a national trade mark database, which is publicly available and can be searched by anyone. It is common practice to search for prior registered trade marks and to carry out desktop searches before applying to register a trade mark. Both the national trade mark database and the European Union trade mark database should be searched. The national trade mark database contains details of all trade mark applications filed with the IPOI and includes details of international registrations designating Ireland under the Madrid Protocol. The European Union trade mark database, TM View, contains details of all applications for the registration of European Union trade marks filed with the EUIPO. 4.3 Term of Registration In Ireland, trade mark rights last for an initial period of ten years from the filing date and can be renewed indefinitely for successive ten-year periods by paying a fee, ensuring perpetual protection as long as the mark is used and renewed. However, a trade mark may be vulnerable to challenge and possible revoca - tion if it has not been put to genuine use for an unin - terrupted period of five years, or if its use has been suspended without a valid justification. A lapsed trade mark may be revived in certain circum - stances, as follows. • If the owner misses the renewal deadline, a late renewal period applies. During this time, the owner may still renew the registration upon payment of additional fees. • If the mark is not renewed within the permitted renewal/late‑renewal period, the IPOI will remove it from the Register. However, a proprietor may apply for restoration of a removed trade mark, subject to filing a restoration request, paying prescribed fees, and satisfying the Controller that the failure to renew was unintentional or occurred despite due care. The Controller has discretion, and restoration is not automatic. 4.4 Application Requirements A valid Irish trade mark application must contain:
• the applicant’s name and address; • details of the applicant’s legal representative;
• a representation of the mark; • the type of mark being filed;
• a list of goods and services for which the mark is applied, classified according to the Nice Classifica - tion; • details of any rights of priority (if applicable); and • a declaration and signature. The filing fees for an Irish trade mark are as follows: • initial application fee (one class): EUR70; • each additional class: EUR70; • if successful, registration: EUR177; • renewal for one class (after ten years): EUR50; and • renewal for each additional class (after ten years): EUR125. Individuals and companies can apply for trade marks in Ireland. Foreign applicants must engage an appropriate legal representative in Ireland. This can only be an Irish Registered Trade Mark Agent, solicitor or barrister, or a person qualified to act on behalf of another before their own National Intellectual Property Office (within the EEA). 4.5 Use in Commerce Prior to Registration Prior commercial use is not a legal requirement to As part of the examination process, the IPOI car - ries out searches of the national and European trade mark databases for similar or identical marks. These searches include registered marks and pending marks with an earlier filing date. 4.7 Revocation, Change, Amendment or Correction of an Application An applicant can withdraw its application or restrict the goods or services covered by the application, at any time, by notice in writing. An application may be amended so long as the amendment does not sub - stantially affect the identity of the trade mark or extend obtain a registered trade mark in Ireland. 4.6 Consideration of Prior Rights in Registration
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