In Ireland, rights in a trademark belong to the person or company that first uses it in the territory. Even though registration is not mandatory, in practice it is highly recommended. Having your trademark registered helps to:
- Clearly demonstrate ownership of the mark,
- Prevent future conflicts regarding who owns the trademark, and
- More easily defend against infringement or unauthorized use.
You can obtain protection in Ireland by:
- Registering locally through the Irish Patents Office IPO, or
- Registering a European Union Trademark (EUTM) before the EUIPO, which grants protection in all EU member states. See more about EU trademark services.
Ireland is also a member state of the Madrid Protocol, so it is possible to extend an international registration to Ireland via the Madrid System. We offer services for trademark filing through the Madrid System.
A trademark does not need to be in use in Ireland in order to be registered. However, prior use can be very useful, as it may:
- Help overcome objections based on lack of distinctiveness, by proving acquired distinctiveness, and
- Help establish prior rights to a trademark.
If you register a combined mark (word + logo), your exclusive rights are limited to the exact configuration in which it was filed and registered. If you want to use the word part and the logo separately, it is advisable to file separate trademarks for those elements.