How to apply for registration

[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 EEA and has a place of business in the EEA; 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 €50. Rule 51 of the Trade Marks Rules, 1996 as amended by the Trade Marks (Amendment) Rules 2016, specifies the particulars which an application for registration must give. These are summarised in the Form of Application for Registration.

2. Educational/Professional Qualifications

Applications for registration in the register are considered by a Board appointed by the Minister for Jobs Enterprise & Innovation. The Trade Marks Rules, 1996 do not prescribe any specific educational/professional qualifications, but Rule 51(4) 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. 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.