Trade Mark Agent exam

Application Form

Format of examination paper

The aim of the examination in the law and practice of trade marks is to test candidates understanding of the law and practice relating to the registration, enforcement and exploitation of trade mark rights as they apply in the Republic of Ireland.

Candidates can also expect the examination paper to test their knowledge of the Irish Trade Marks Act and Rules, trade mark case law, how they would advise clients in given situations, knowledge of EU Directives and Regulations and the European Union Trade Mark system.

The examination paper is as follows:

  • A single paper examination of 3 hours duration
  • The paper will be divided into 3 Sections
    A. Trade Mark Case Law and Legislation
    B. Trade Mark Practice
    C. European Union Trade Marks
  • Each Section will contain 4 questions, all having equal marks
  • Candidates will be required to answers 2 questions from each Section.
  • Candidates must obtain a pass mark in each of the three sections in order to gain an overall pass. If a candidate fails any one of these 3 sections they will fail the overall exam.

The paper contains a maximum of 120 marks, i.e. 6 questions at 20 marks each. The overall pass is 50%. (60 marks)

Each section will require candidates to attempt 2 questions at 20 marks each, the maximum obtainable per section thereby being 40 marks.

To pass each section the candidates must obtain 20 marks out of the possible 40 available marks (50%).

Candidates should familiarise themselves with the examination syllabus before embarking on a course of study and should consult previous examination papers to get an idea of the type of questions asked under each section.

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 Union 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;
  • "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.
  • "A Guide to Trade Mark Law and Practice in Ireland" by Helen Johnson BL

Other Reading Material

  • "Kerly; Law of Trade Marks and Trade Names" (Sweet & Maxell);
  • “ The European Union Trade Mark “ (Mark Holah & Patricia Collis)

Review of exam results

In the case of any candidate whose exam result lies in the border between pass and fail in a particular section (provided the candidate has passed the other two sections) 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.

All candidates have the option to have their script reviewed by a second examiner. If they wish to avail of this review they must submit an application to the Office accompanied by the prescribed fee of €70 within one month of the date of receipt of their result letter.

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.

Previous Examination Papers

Fees

The fees prescribed in relation to registration in the Register of Trade Mark Agents (S.I. No. 30 of 2012 with effect from 1st February 2012) are as follows:

On application for registration in the Register of Trade Mark Agents Rule 51(1)€50.00
On application to sit the written examination in the law and practice of trade marks referred to in Rule 51(3)€200.00
On application for a review of marks obtained in the written examination in the law and practice of trade marks€70.00
For registration in the Register of Trade Mark agents (Rule 53(a))€125.00
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)€250.00

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.