[Note: The following does not purport to be a legal interpretation of the relevant legislation and is intended only as general guidance and information for the benefit of prospective applicants for Registration]
The Patents Office is responsible for the maintenance of the Register of Trade Mark Agents and Rules 51 to 59 of the Trade Mark Rules, 1996, govern the entitlement of any individual to entry onto this Register.
1. Eligibility
A person who resides in the state or in a member state of the European Economic Area; has a place of business in the state; possesses the prescribed educational and professional qualifications; and complies with the prescribed conditions is eligible for registration in the register. An application for registration must be made to the Controller, Patents Office, Government Buildings, Hebron Road, Kilkenny, accompanied by the prescribed application fee - currently €250. Rule 51 of the Trade Marks Rules, 1996 as amended by the Trade Marks (Amendment) Rules 2007, specifies the particulars which an application for registration must give. These are summarized in the Form of Application for Registration, copies of which may be obtained from the Patents Office.
2. Educational/Professional Qualifications
Applications for registration in the register are considered by a Board appointed by the Minister for Enterprise, Trade and Employment. The Trade Marks Rules, 1996 do not prescribe any specific educational/professional qualifications, but Rule 51(3) states that a person shall possess such educational and professional qualifications, and be of such personal character, as to satisfy the Board, after such enquiries including such oral or written examination in the Law and Practice of Trade Marks, as the Board deems necessary, that such a person is fit to practice as a registered trade mark agent. Applicants will generally have acquired at least a pass in the Leaving Certificate or comparable qualification. It is a normal requirement of the Board that applicants must sit, and pass, a written examination in the Law and Practice of Trade Marks. The frequency of such written examinations is determined largely by the number of applicants seeking registration at any particular time. There is usually one examination per year. The date on which it is held is announced in advance in the Patents Office Journal.
3. Format of examination paper
The examination paper comprises 3 sections dealing, respectively, with Irish Trade Mark Law, Trade Mark Practice, and European Community Trade Mark Law and Practice. It is obligatory to answer at least one question from each section (each section will contain a choice of questions). Candidates must answer a total of 6 questions. This exam paper format is operative with effect from the April 2002 written examination in the law and practice of trade marks.
All questions carry equal marks. A total of 120 marks is available for the paper. The pass requirement is 50%. The time allowed for the examination is 3 hours.
4. Subject matter areas with which candidates should be familiar
Candidates should expect the examination paper to test their knowledge of the Irish Trade Marks Acts and Rules; Trade Marks case law; how they would advise clients in given situations; knowledge of EU Directives and Regulations and the European Community Trade Mark system. Candidates, in preparing themselves for the examination, may find it useful to consult also the following:
- "Irish Trade Marks Law & Practice" by M. Tierney;
- "Irish Intellectual Property Law" by R. Clark & S. Smyth;
- "Irish Law of Torts" by B. McMahon & W. Binchy;
- "Kerly; Law of Trade Marks and Trade Names" (Sweet & Maxell);
- "Equity and the Law of Trusts in the Republic of Ireland" by Hon. Justice R. Keane;
- "Irish Legal System"; by R. Byrne & P. McCutcheon;
- "Dictionary of Irish Law" by H. Murdoch;
- "Community Trade Mark Handbook" (Sweet & Maxell);
- "The Law of Passing Off" by C. Wadlow;
- "Intellectual Property: Patents, Copyright, TradeMarks and Allied Rights" by WR Cornish;
- "Cases and Materials on Intellectual Property" by WR.Cornish;
- "Trade Marks Law" by Glen Gibbons.
The Law Society of Ireland has introduced a Diploma in Intellectual Property and Information Technology as part of their Diploma Programme. The aim of the diploma is to provide participants with a comprehensive overview of Intellectual Property and Information Technology law in Ireland. The course also provides a workshop designed to prepare students for the Trade Mark Agent exams. For further details please contact the Law Society of Ireland.
5. Review of exam results
In the case of any candidate whose exam result lies in the border between pass and fail the Board will automatically, on its own initiative, instigate a review of that candidate's answering. No review will however be conducted in any case where a candidate achieves a result of less than 48%. Where the Board instigates a review, the exam result of which the candidate involved is notified will be that achieved on the basis of the review, which will be regarded as final. A candidate who does not pass on the basis of a review will be informed that a review was carried out, and that no further reviews will be undertaken.
6. Candidates scripts
Candidates answer scripts will be preserved for a period not exceeding 6 months from the date of notification of the results of an exam. If a candidate, during this period, requests an inspection of his/her script, arrangements will be made for an inspection in the Patents Office. Copies of scripts will not be forwarded to a candidate in response to a telephone or written request for a copy. If a candidate, in the course of an on-the-spot inspection requests a copy of his/her script to take away, this can be arranged; in that event the candidate will have to sign and date (date of inspection) each page of the copy and pay the appropriate photocopying fee.
7. Previous Examination Papers
8. Fees
The fees prescribed in relation to registration in the Register of Trade Mark Agents are as follows:
- On application for registration in the Register of Trade Mark Agents (includes the examination fee) (Rule 51(1)): €250
- For registration in the Register of Trade Mark agents (Rule 53(a)): €125
- Annual fee for renewal of registration as a trade mark agent, payable before the 1st December in each year in respect of the following year (Rule 55): €250
9. Correspondence
Applications for registration in the Register, and all correspondence connected with this matter should be addressed to the Controller, Patents Office, Government Buildings, Hebron Road, Kilkenny.
Where there is any material change of circumstances affecting a persons continuing to act as a registered Trade Mark agent, the person should notify the Controller in writing of that change of circumstances.
Any person registered in the Register of Trade Mark Agents desiring to be removed therefrom must make a request to that effect in writing to the Controller, who shall amend that register accordingly.