Guide to completing the Application Form
Guide to completing the Trade Mark Application Form
When you file a trademark application form it is examined to ensure that the mark complies with the requirements of the Trademarks Act, 1996. If there are any errors or defects on the form (or if the trademark itself is open to objection) you will be notified by the examiner and given the options open to you and time limit to respond.
The IPOI advises applicants to read the following information carefully to help reduce the likelihood of your application being delayed unnecessarily due to errors or defects on the application form.
More information on the Examination Process is available at: https://www.ipoi.gov.ie/en/types-of-ip/trade-marks/after-you-apply/examination-process/
Application Form Sections
Section 1: Applicant Details
The name and address of the applicant (individual's name or the Company's name) should be inserted here.
It is important to note that should the application be successful the applicant will become the owner of the trademark. If you are completing the application form on behalf of another person or a company/organisation, please ensure that you enter their details here.
Nationality: This information is used only for statistical purposes. -------------------------------------------------------------------------------
Section 2: Legal Representative
This can only be an Irish Registered Trade Mark Agent, Solicitor, Barrister or a person qualified to act on behalf of another before their own National Intellectual Property Office (within the EEA).
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Section 3: Address for Service (Correspondence Address)
This must be an address within the EEA, and can be either the applicant’s address, legal representative’s address, or a different address at which the applicant wishes to receive correspondence relating to their trade mark application.
NOTE: If the correspondence address differs from the applicant or legal representative, the Office will amend the address to applicant c/o the correspondence address supplied. All paper applications must be signed by the applicant or qualified legal representative.
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Section 4: Trade mark information
Type of mark
This may be a word and/or a picture. A trade mark can also be something other than a word/picture but it must be capable of being represented graphically. The information (i) icons beside each type of mark provide more information.
If you are applying for a Combined Word & Figurative Mark, please ensure that only the text in your trademark is written in the text box, exactly as it appears in the representation (image) to be uploaded.
Trademark Type
Standard
If your application is for a standard or ordinary trademark, then the standard box should remain ticked. Where the trade mark is one of the following, only then should the relevant box be ticked:
A collective mark
This is a mark that distinguishes the goods and services of the members of an Association from those of others.
A certification mark
This is a mark that "certifies" the goods or services provided as possessing certain qualities or of a particular standard or other characteristics. A certification mark can only be registered in the name of the proprietors (e.g. a trade association) if they themselves do not produce or provide the goods or services being certified.
A Series of trademarks
If you wish to apply for a series, please consult the following document which details what is, and is not, an acceptable series and includes helpful examples: Trade Mark Series
A 'series' is a number of marks (maximum of 6), which resemble each other in their important features and differ, only in minor details, which do not substantially affect the identity of the mark.
Representation of Mark
If your trade mark is anything other than a word only mark, you must upload a jpeg of your mark. The maximum file size is 2MB.
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Section 5: Colour Noting (Optional)
Please note that a colour noting is not a requirement and in the case of a word only mark, a colour noting generally should not be entered.Furthermore, the inclusion of an inaccurate colour noting will delay your application.
However, if your mark is in colour and you wish to record the precise colour/s then you should state the specific colours, as they appear in the representation e.g. red and green.
An unacceptable Colour Noting such as “All colours”, “Any colour” or “as per representation” etc. will be deleted during the examination process without notice.
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Section 6: Claim to a Right Of Priority (optional)
If you have filed an application to register the same trade mark outside the State, within the last six months, for some or all the same goods/services, the relevant information where a right to priority is claimed should be included.
Note: In addition, you must upload a pdf of your earlier application, at the time of filing, or email documentary evidence of earlier application within three months of filing your Irish application.
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Section 7: Classification of Goods and/or Services
In this section you should list all the goods/services for which you seek registration of the mark. By using the Predetermined Acceptable Terms database when filing online, you can be assured that all goods/services will be acceptable to our office.
However, if you decide to submit your own list of goods and/or services the trademark application process may take longer.Please ensure that these are correctly grouped in their appropriate class. The relevant class can be found in the Nice Classification of Goods and Services. Goods are in classes 1-34; Services in class 35 to 45. Please note that you cannot broaden the scope of an application by adding goods/services to the application once it has been submitted. In order to ensure that the goods and/or services are correct, please consult TMclass
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Section 8: Declaration
This includes a declaration regarding the use of the mark.
Entering your name constitutes a signature and confirms that you have checked the details and wish to submit the application form. If the application is filed in the name of a company, then the position, within the company, of the person signing should also be included.
The paper application form must be signed and dated by the applicant(s), their Registered Trade Mark Agent, or by their legal representative.
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Section 9: Payment options
The fee of €70 per class (included in the application) should be paid at the time of filing. If applying for a series of trade marks an additional €50 fee is payable for the 3rd, 4th, 5th and 6th marks in the series.
If filing a paper application and the fee is not enclosed, the fee must be paid within one month of the date of receipt of the form or the application will be deemed abandoned.