Any person or company etc who uses or proposes to use a Trade Mark can apply to register that mark.
An application may be made either before the mark is put in use or afterwards. Generally speaking an application should be made to register a mark as soon as possible to ensure priority over anyone else who applies to register the same or similar mark.
To apply, complete the application form (Form No. 1). This should then be lodged at the Patents Office, Government Buildings, Hebron Road, Kilkenny. The fee for filing an application may be paid at this time or within one month of that date.
The Patents Office will accept a trade mark application by fax to 00 353 (56) 7720179 or Lo-Call 1890 220120. If a trade mark application is received by fax during office hours it will be given a filing date for the day it is received, provided it meets the minimum requirements for a filing date. If the trade mark being applied for is an image, the office will treat the application as being in respect of the black and white image on the faxed application form. If a copy of the faxed application with a colour version of the same mark is subsequently submitted, the office will not automatically replace the original faxed black and white image with the colour image. If an applicant wishes to substitute a colour image of the mark for the black and white image of the mark, which was originally applied for, then the applicant will have to formally apply to amend the application and pay the prescribed fee of €35.00.
An applicant may pursue his or her application personally or choose to employ the services of a registered Trade Mark Agent. If an application meets the criteria for registration, it is registered with effect from the date of application.