Guide to completing the Application Form

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Section One

Details of Applicant

The name of the applicant (individual's name or the Company's name) should be inserted here.  Nationality This information is used only for statistical purposes.

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Section Two

Legal Representative

This can be a Trade Mark Agent, Solicitor, Barrister or a person qualified to act on behalf of another who is qualified to act before their National Intellectual Property Office (within the EU).

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Section Three

Address for Service

This must be an address with the EEA, and can be either the address given at 1, or 2, or a different address at which the Applicant wishes to receive correspondence relating to the application.

If you wish the Office to correspond with you by email in relation to your application please tick the box
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Section Four

Representation of Mark

You should provide a copy of your mark.  This may be a word and/or a picture.  A trade mark can be something other than a word/picture but it must be capable of being represented graphically.  The representation should not exceed 8cm x 8cm.

In the case of a three dimensional Trade Mark, the representation may be a photograph or a line drawing.  A number of views may be submitted.  The view that best represents the Trade Mark should be attached for the form, and the additional views should be submitted on separate sheets.


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Section Five

Type of Mark

If your application is for a standard or ordinary trade mark, then the standard box should be ticked.  If the mark is one of the following, the relevant box should 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 themselves.

A series of trade marks.

A 'series' is a number of marks, which resemble each other in their  important features and differ, only in minor features, which do not substantially affect the identify of the mark.

A three-dimensional mark.

This is where registration is sought for the shape of the item or product or packaging.


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Section Six

Colour

If you are claiming colour as part of your mark then you should complete this section stating the specific colours. If you do not wish to claim colour as an element of the mark then this section should be left blank.

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Section Seven

Claim to Priority

If you have filed any application to register the Trade Mark outside the State within the last six months the relevant information where a right to priority is claimed should be included.

Note:  In addition, you must supply a certified copy of (each of) the original document(s) within three months of filing your Irish application.
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Section Eight

Class & Goods and/or Services

In this section you should list all the goods/services for which you seek registration of the Mark.  These should be grouped together 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.


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Section Nine

Declaration & Signature

This includes a declaration regarding the use of the mark.  The application form must be signed and dated by the applicant(s),  their Registered Trade Mark Agent, or by their legal representative.  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.

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Section Ten

Fees accompanying application

The fee of €70 per class (included in the application) should be submitted with the application form.  If applying for a series of Trade Marks (of which a maximum of six marks are permitted in a series) an additional €50 application fee is payable for each of the 3rd to 6th mark in the series.  However, if 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.