Trade Mark Agents from other EEA States
Section 85 (4A, B and C) of the Trade Marks Act, 1996 provides that a person established in a EEA state and entitled under the law of that state to act as a trade mark agent may carry on the business of acting as a trade mark agent for others in connection with the registration of a trade mark or any procedure relating to a registered trade mark. The Controller of Intellectual Property is the Competent Authority for receipt of notifications by trade mark agents established in another EEA State who wish to provide services in Ireland.
The notification requirements are set out in the following statutory instruments:
- Trade mark Amendment Rules - S.I. 621 2007
- European Communities (Provision of Services Concerning Trade Marks and Industrial Designs) Regulations 2007 - S.I. 622 of 200
and are summarised as follows:
On or before the first occasion on which a person acts on behalf of another before the Controller in connection with the registration of a trade mark or any procedure relating to a registered trade mark, the person must notify the Controller and provide to the Controller evidence relating to –
(i) the person’s being established in an EEA state,
evidence of establishment in another EEA state can be an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) specifying the location of the person’s registered office, central administration or principal place of business or other proof of its location in an EEA state,
(ii) the person’s being qualified under the law of that state to act as a trade mark agent in that state,
evidence of qualification can be a copy of a diploma or certificate, or other evidence of formal qualifications, awarded by the competent authority of the state concerned which indicates that the person is qualified to act as a trade mark agent in that state;
(iii) in the case of an individual, a national of an EEA state the nationality of the person
a copy of a passport, national identity card or other proof of nationality;
(iv) in the case of a person which is a company or firm formed in accordance with the law of an EEA state
a copy of a certificate of incorporation, an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) or other proof of the possession of the required legal personality in an EEA state.
If any document furnished in compliance with the foregoing requirements is in a language other than English, then a certified translation into English must also be furnished.
The Intellectual Property Office of Ireland will accept notifications and accompanying evidentiary documents which are sent by means of post or email. Communication by email is preferred and will allow quicker completion of all formalities. Notifications and attachments in pdf format should be sent to the following email address: regadmin@ipoi.gov.ie
Responsibility of agent post notification: Rule 51(b) of the Trade Mark (Amendment) Rules 2016 requires that if, subsequent to the provision of the evidence (set out above) already provided in compliance with Section 85(4A-C), there is any material change of circumstances affecting the persons continuing to be qualified to act as a Trade Mark agent, the person shall, forthwith notify the Controller in writing of that change of circumstances.