Trade Marks (Madrid Protocol) (Amendment) Regulations 2024

Minister Higgins has signed S.I. No. 558/2024 - Trade Marks (Madrid Protocol) (Amendment) Regulations 2024 which provides for the necessary amendment of S.I No 346 of 2001, which implements the Madrid Protocol into Ireland’s national legislation and sets out the procedures to be followed in connection with trade marks under the Madrid Protocol.  On foot of an amendment to Rule 21(3)(d) of the Madrid Protocol, it is now possible to have a ‘partial replacement’ of a national trade mark registration with an international registration, namely for only some of the goods and services covered by the national trade mark registration to be listed in the international registration.

The amendment to Rule 21(3)(d) of the Madrid Protocol necessitates an amendment to Rule 21(1)(a) of SI No 346 of 2001 Trade Marks (Madrid Protocol) Regulations. Consequential amendments are also required to Form No 2M in the Schedule to the 2001 Regulations to allow an applicant to select a full or partial replacement of the goods/services to which the trade mark applies.

The SI  was signed into law by Minister Higgins on 15 October 2024 and it entered into force on that date.