{"id":13133,"date":"2022-08-20T15:24:41","date_gmt":"2022-08-20T15:24:41","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13133"},"modified":"2024-04-21T21:39:33","modified_gmt":"2024-04-21T21:39:33","slug":"trade-mark-registration","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/trade-mark-registration\/","title":{"rendered":"TM Registration"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Application_for_Registration\" title=\"Application for Registration\">Application for Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Classification\" title=\"Classification\">Classification<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Priority\" title=\"Priority\">Priority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Examination\" title=\"Examination\">Examination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Publication_Opposition\" title=\"Publication &amp; Opposition\">Publication &amp; Opposition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Observations\" title=\"Observations\">Observations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Non-use_as_Defence\" title=\"Non-use as Defence\">Non-use as Defence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Withdrawal_or_Amendment\" title=\"Withdrawal or Amendment\">Withdrawal or Amendment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Registration\" title=\"Registration\">Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/#Multiple_Applications\" title=\"Multiple Applications\">Multiple Applications<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#TRADE_MARKS_ACT_1996\" title=\"TRADE MARKS ACT 1996\">TRADE MARKS ACT 1996<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Orders_regulations_and_rules\" title=\"Orders, regulations and rules.\">Orders, regulations and rules.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Application_for_Registered_Trade_Mark\" title=\"Application for Registered Trade Mark\">Application for Registered Trade Mark<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Application_for_registration\" title=\"Application for registration.\">Application for registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Date_of_filing\" title=\"Date of filing.\">Date of filing.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Classification_of_goods_and_services\" title=\"Classification of goods and services.\">Classification of goods and services.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Designation_and_Classification_of_goods_and_services\" title=\"Designation and Classification of goods and services\">Designation and Classification of goods and services<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Priority-2\" title=\"Priority\">Priority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Claim_to_priority_of_Convention_application\" title=\"Claim to priority of Convention application.\">Claim to priority of Convention application.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Claim_to_priority_from_other_relevant_overseas_application\" title=\"Claim to priority from other relevant overseas application.\">Claim to priority from other relevant overseas application.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Registration_Procedure\" title=\"Registration Procedure\">Registration Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Examination_of_application\" title=\"Examination of application.\">Examination of application.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Non-use_as_defence_in_opposition_proceedings\" title=\"Non-use as defence in opposition proceedings\">Non-use as defence in opposition proceedings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Withdrawal_restriction_or_amendment_of_application\" title=\"Withdrawal, restriction or amendment of application.\">Withdrawal, restriction or amendment of application.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Registration-2\" title=\"Registration.\">Registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Registration_supplementary_provisions\" title=\"Registration: supplementary provisions.\">Registration: supplementary provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Duration_of_registration\" title=\"Duration of registration.\">Duration of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Renewal_of_registration\" title=\"Renewal of registration.\">Renewal of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Alteration_of_registered_trade_mark\" title=\"Alteration of registered trade mark.\">Alteration of registered trade mark.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Surrender_Revocation_and_Invalidity\" title=\"Surrender, Revocation and Invalidity\">Surrender, Revocation and Invalidity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Surrender_of_registered_trade_mark\" title=\"Surrender of registered trade mark.\">Surrender of registered trade mark.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Revocation_of_registration\" title=\"Revocation of registration.\">Revocation of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Grounds_for_invalidity_of_registration\" title=\"Grounds for invalidity of registration.\">Grounds for invalidity of registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Non-use_as_defence_in_proceedings_seeking_a_declaration_of_invalidity\" title=\"Non-use as defence in proceedings seeking a declaration of invalidity\">Non-use as defence in proceedings seeking a declaration of invalidity<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Effect_of_acquiescence\" title=\"Effect of acquiescence.\">Effect of acquiescence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Administrative_Provisions\" title=\"Administrative Provisions\">Administrative Provisions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#The_Register\" title=\"The Register\">The Register<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Rectification_or_correction_of_the_register\" title=\"Rectification or correction of the register.\">Rectification or correction of the register.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Adaptation_of_entries_to_new_classification\" title=\"Adaptation of entries to new classification.\">Adaptation of entries to new classification.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Powers_and_Duties_of_the_Controller\" title=\"Powers and Duties of the Controller\">Powers and Duties of the Controller<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Power_to_require_use_of_forms\" title=\"Power to require use of forms.\">Power to require use of forms.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Information_about_applications_and_registered_trade_marks\" title=\"Information about applications and registered trade marks.\">Information about applications and registered trade marks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Costs_and_security_for_costs\" title=\"Costs and security for costs.\">Costs and security for costs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Evidence_before_the_Controller\" title=\"Evidence before the Controller.\">Evidence before the Controller.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Exclusion_of_liability_in_respect_of_official_acts\" title=\"Exclusion of liability in respect of official acts.\">Exclusion of liability in respect of official acts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Content_of_Controllers_annual_report\" title=\"Content of Controller&#8217;s annual report.\">Content of Controller&#8217;s annual report.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Legal_Proceedings_and_Appeals\" title=\"Legal Proceedings and Appeals\">Legal Proceedings and Appeals<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Registration_to_be_prima_facie_evidence_of_validity\" title=\"Registration to be prima facie evidence of validity.\">Registration to be prima facie evidence of validity.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Certificate_of_validity_of_contested_registration\" title=\"Certificate of validity of contested registration.\">Certificate of validity of contested registration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Controllers_appearance_in_court_proceedings\" title=\"Controller&#8217;s appearance in court proceedings.\">Controller&#8217;s appearance in court proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#No_award_of_costs_to_or_against_the_Controller\" title=\"No award of costs to or against the Controller.\">No award of costs to or against the Controller.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Rules_and_Fees\" title=\"Rules and Fees\">Rules and Fees<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Power_of_Minister_to_make_rules\" title=\"Power of Minister to make rules.\">Power of Minister to make rules.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Fees\" title=\"Fees.\">Fees.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Trade_Mark_Agents\" title=\"Trade Mark Agents\">Trade Mark Agents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Authorised_agent_may_act\" title=\"Authorised agent may act.\">Authorised agent may act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Register_of_Trade_Mark_Agents\" title=\"Register of Trade Mark Agents.\">Register of Trade Mark Agents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Business_to_be_carried_on_only_by_registered_trade_mark_agents_c\" title=\"Business to be carried on only by registered trade mark agents &amp;c.\">Business to be carried on only by registered trade mark agents &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Entitlement_to_be_registered_as_trade_mark_agent\" title=\"Entitlement to be registered as trade mark agent.\">Entitlement to be registered as trade mark agent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Removal_from_Register\" title=\"Removal from Register.\">Removal from Register.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Suspension_and_erasure_of_registration_of_trade_mark_agent\" title=\"Suspension and erasure of registration of trade mark agent.\">Suspension and erasure of registration of trade mark agent.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Notice_of_erasure_or_suspension_subsequent_restoration\" title=\"Notice of erasure or suspension: subsequent restoration.\">Notice of erasure or suspension: subsequent restoration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Rules_relating_to_trade_mark_agents\" title=\"Rules relating to trade mark agents.\">Rules relating to trade mark agents.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/trade-mark-registration\/2\/#Privileged_communications\" title=\"Privileged communications.\">Privileged communications.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Application_for_Registration\"><\/span>Application for Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An application for registration of a trade mark is made to the Controller in a prescribed form. The application must state that the trade mark is being used, by or with the applicant&#8217;s consent, in relation to the goods or services specified in the application or that the applicant has a bona fide intention that it should be so used. The application is subject to the payment of the appropriate fee or fees.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Classification\"><\/span>Classification<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Goods and services are classified for the purposes of the registration of trade marks in conformity with the Nice Agreement Concerning the International Classification of<br \/>\nGoods and Services for the Purposes of the Registration of Marks (the \u2018NICE Classification\u2019). The goods and services for which protection is sought are to be identified by the applicant with sufficient clarity and precision to enable the Controller and the public, on that sole basis, to determine the extent of the protection sought.<\/p>\n<p>The use of general terms, including the general indications of the class headings of the NICE Classification, are interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term and are not be interpreted as comprising a claim to goods or services which cannot be so understood.<\/p>\n<p>Where the applicant requests registration for more than one class, the applicant must<\/p>\n<ul>\n<li>group the goods and services according to the classes of the NICE Classification,<\/li>\n<li>precede each group by the number of the class to which that group of goods or services belongs, and<\/li>\n<li>present them in the order of the classes.<\/li>\n<\/ul>\n<p>Any question arising as to the class within which any goods or services fall shall be determined by the Controller, whose decision shall be final.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Priority\"><\/span>Priority<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who has duly filed an application for protection of a trade mark in a Convention country, or the successor in title to such a person, has a right to priority, for the purpose of registering the same trade mark for some or all of the same goods or services, for a period of six months from the date of filing of the first Convention application.<br \/>\nIf the application for registration is made within this period, the relevant date for the purposes of establishing which rights take precedence shall be the date of filing of the first Convention application, and the registrability of the trade mark shall not be affected by any use of the mark in the State in the period between that date and the date of the application.<\/p>\n<p>Any filing which in a Convention country is equivalent to a regular national filing under its domestic legislation or an international agreement is treated as giving rise to the<br \/>\nright of priority. There may be a claim for priority from other relevant overseas applications.<\/p>\n<p>The Government may by order make provision for conferring on a person or the successor in title to such a person, who has duly filed an application for protection of a trade mark in a country or territory a right to priority, for the purpose of registering the same trade mark for some or all of the same goods or services, for a specified period from the date of filing of that application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Examination\"><\/span>Examination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Controller shall examine whether an application for registration of a trade mark satisfies the requirements of the Trade Mark Act (including any requirements imposed by rules).If it appears to the Controller that the requirements for registration are not met, the Controller shall inform the applicant and give the applicant an opportunity, within such period as the Controller may specify, to make representations or to amend the application.<\/p>\n<p>If the applicant fails to satisfy the Controller that the requirements for registration have been met, or to amend the application so as to meet them or fails to respond before the end of the specified period, the Controller shall refuse to accept the application. If it appears to the Controller that the requirements for registration are met, the Controller accepts the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Publication_Opposition\"><\/span>Publication &amp; Opposition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>When an application for registration has been accepted, the Controller shall cause the application to be published in the Journal. Any person may, within the prescribed time from the date of the publication of the application in the Journal, give notice to the Controller of opposition to the registration; and opposition to the registration on one of the statutory grounds in writing in the prescribed manner, and shall include a statement of the grounds of opposition.<\/p>\n<p>A notice of opposition may be filed based on one or more earlier trademarks or other earlier rights, provided that they all belong to the same proprietor.<br \/>\nA notice of opposition filed on the basis of one or more earlier trade marks or earlier rights may be based on a part, or the totality, of the goods or services in respect of which the earlier rights are protected or applied for, and may be directed against part or the totality of the goods or services in respect of which the contested mark is applied for.<\/p>\n<p>At any stage following the commencement of opposition proceedings, the parties shall be granted, at their joint request, a stay in the proceedings for a minimum period of 2 months from the date of the request in order to allow for the possibility of a friendly settlement between the opposing party and the applicant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Observations\"><\/span>Observations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an application has been published in the Journal, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders, or consumers may, at any time before the registration of the trade mark, make observations in writing to the Controller explaining on which grounds the trade mark should not be registered; and the Controller shall inform the applicant of any such observations.<\/p>\n<p>A person who makes observations shall not thereby become a party to the proceedings on the application. Persons and groups or bodies who make observations shall not be a party to the proceedings on the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-use_as_Defence\"><\/span>Non-use as Defence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In opposition proceedings , where at the filing date or date of priority of the later trade mark, the 5 year period within which the earlier trade mark must<br \/>\nhave been put to genuine use had expired, at the request of the applicant, the proprietor of the earlier trade mark who has given notice of opposition must<br \/>\nfurnish proof\u2014<\/p>\n<ul>\n<li>that the earlier trade mark has been put to genuine use during the 5 year period preceding the filing date or date of priority of the later trade mark, or<\/li>\n<li>that proper reasons for non-use existed.<\/li>\n<\/ul>\n<p>In the absence of proof, the opposition shall be rejected.<\/p>\n<p>If the earlier trade mark has been used in relation to only part of the goods or services for which it is registered, it is, for the purpose of the examination of the opposition, be deemed to be registered in respect of that part of the goods or services only.<\/p>\n<p>The above also applies where the earlier trade mark is a European Union trade mark, and the genuine use of the European Union trade mark is determined in accordance with the European Union trade mark regulation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Withdrawal_or_Amendment\"><\/span>Withdrawal or Amendment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An applicant may at any time by notice in writing withdraw his application or restrict the goods or services covered by the application; and, if the application has been<br \/>\npublished in the Journal, any withdrawal or restriction of the application is also published in the Journal. Any such withdrawal is irrevocable after the expiry of three months from the date of the notice.<\/p>\n<p>In a case not falling within the above category, an application may be amended, at the request of the applicant, so long as the amendment does not substantially affect the identity of the trade mark or extend the goods or services covered by the application. In particular, an amendment may be made (subject to that qualification) to correct\u2014<\/p>\n<ul>\n<li>the name or address of the applicant;<\/li>\n<li>errors of wording or of copying; or<\/li>\n<li>\u00a0obvious mistakes.<\/li>\n<\/ul>\n<p>Rules provide for the publication of any amendment which affects the representation of the trade mark, or the goods or services covered by the application and for the making of objections by any person claiming to be affected by it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Registration\"><\/span>Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where an application has been accepted and no notice of opposition has been given within the required period or all opposition proceedings have been withdrawn or decided in favour of the applicant, the Controller is to register the trade mark unless it appears to him, having regard to matters coming to his notice since accepting the application, that it was accepted in error.<\/p>\n<p>A trade mark must not be registered unless any fee prescribed for the registration has been paid within the prescribed period. If the fee has not been so paid, the application shall be deemed to be withdrawn.<\/p>\n<p>A trade mark when registered, shall be registered as of the date of filing of the application for registration. On the registration of a trade mark the Controller shall publish the registration in the Journal and issue to the applicant a certificate of registration. The registration procedure is regarded as completed on the date of publication and that date shall be entered in the register.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Multiple_Applications\"><\/span>Multiple Applications<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Rules provider for<\/p>\n<ul>\n<li>the division of an application for the registration of a trade mark into several applications, each having the same filing date as the original application;<\/li>\n<li>the division of an application for the registration of a trade mark and for the division of a registration of a trade mark into several applications or registrations, each having the same filing date as the original application;<\/li>\n<li>the merging of separate applications or registrations; and<\/li>\n<li>the registration of a series of trade marks in one registration.<\/li>\n<\/ul>\n<p>A\u201cseries of trade marks\u201d means a number of trade marks which resemble each other as to their material particulars and differ only in respect of the matter of a non-distinctive character which does not substantially affect the identity of the trade mark.<\/p>\n<p><!--nextpage--><\/p>\n<h2>TRADE MARKS ACT 1996<\/h2>\n<p>(as amended)<\/p>\n<p>TRADE MARKS ACT, 1996<\/p>\n<p>&nbsp;<\/p>\n<p>AN ACT TO MAKE NEW PROVISION FOR REGISTERED TRADE MARKS, IMPLEMENTING COUNCIL DIRECTIVE NO. 89\/104\/EEC OF 21st DECEMBER, 1988, TO APPROXIMATE THE LAWS OF THE MEMBER STATES RELATING TO TRADE MARKS(1) ; TO MAKE PROVISION IN CONNECTION WITH COUNCIL REGULATION (EC) NO. 40\/94 OF 20 DECEMBER, 1993, ON THE COMMUNITY TRADE MARK(2) ; TO GIVE EFFECT TO THE MADRID PROTOCOL RELATING TO THE INTERNATIONAL REGISTRATION OF MARKS OF 27th JUNE, 1989, AND TO CERTAIN PROVISIONS OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY OF 20th MARCH, 1883, AS REVISED AND AMENDED; TO PERMIT THE REGISTRATION OF TRADE MARKS IN RELATION TO SERVICES AND FOR CONNECTED PURPOSES. [16th March, 1996]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART I<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement<br \/>\n1. \u2014(1) This Act may be cited as the Trade Marks Act, 1996.<\/p>\n<p>(2) The provisions of the Act shall come into operation on such day as the Minister may by order fix.<br \/>\n(3) Different days may be so fixed for different provisions and different purposes.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2. \u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1963\u201dmeans the Trade Marks Act, 1963 ;<br \/>\n\u201cAgreement establishing the World Trade Organisation\u201d has the meaning assigned by section 60;*<br \/>\n\u201c appropriate court\u201d means\u2014<br \/>\n(a) the District Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the District Court for actions in contract or tort,<br \/>\n(b) the Circuit Court, where the damages or the value of the other relief sought in any action to which the application relates is not liable to exceed such sum as stands specified by an enactment to be the jurisdiction of the Circuit Court for actions in contract or tort, and<br \/>\n(c) in any other case, the High Court;\u201d.\u2020<br \/>\n\u201cassignment\u201d means assignment by act of the parties concerned; \u201cbusiness\u201d includes a trade or profession;<br \/>\n\u201cCommunity trade mark\u201d, and \u201cCommunity Trade Mark Regulation\u201d have the meanings assigned by section 56 ;<br \/>\n\u201cthe Controller\u201d means the Controller of Patents, Designs and Trade Marks Intellectual Property;<br \/>\n\u201cConvention country\u201d has the meaning assigned by section 60 ; \u201cthe Court\u201d means the High Court;<br \/>\n\u201cdirective\u201d has the meaning assigned by section 56;<br \/>\n\u201cdirector\u201d, in relation to a body corporate whose affairs are managed by its members, means any member of the body;<br \/>\n\u201cearlier trade mark\u201d has the meaning assigned by section 11 ;<br \/>\n\u201c \u2019EEA Agreement\u2019 means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;<br \/>\n\u2018EEA state\u2019 means-<br \/>\n(a) a Member State (other than the State), or<br \/>\n(b) a state (other than a Member State) that is a contracting party to the EEA agreement;\u201d*<\/p>\n<p>* Patents Amendment Act 2006 (31\/2006)<br \/>\n*S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<br \/>\n*S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<br \/>\n\u2020 Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>\u201cEuropean Union trade mark\u201d has the meaning assigned by section 56;<br \/>\n\u201cEuropean Union Trade Mark Regulation\u201d has the meaning assigned by section 56;* \u201cexclusive licence\u201d and \u201cexclusive licensee\u201d have the meanings assigned by section 33;<br \/>\n\u201cinfringement proceedings\u201d, in relation to a registered trade mark, include proceedings under section 20 ;<br \/>\n\u201cthe Journal\u201d means the Patents Office Journal;<br \/>\n\u201cthe Minister\u201d means the Minister for Enterprise and Employment;<br \/>\n\u201cthe Office\u201d means the Patents Office Intellectual Property Office of Ireland; \u201cthe Paris Convention\u201d has the meaning assigned by section 60 ;<br \/>\n\u201cpartnership\u201d has the meaning assigned by section 1 of the Partnership Act, 1890; \u201cprescribed\u201d means, in relation to proceedings before the Court the appropriate courti, prescribed by rules<br \/>\nof court and, in any other case, prescribed by this Act or orders, rules or regulations made hereunder;<br \/>\n\u201cpublish\u201d means make available to the public, and references to publication\u2014<br \/>\n(a) in relation to an application for registration, are to publication under section 43 (1), and<br \/>\n(b) in relation to registration, are to publication under section 45 (4);<br \/>\n\u201cthe register\u201d, except in Part V , means the Register of Trade Marks kept under this Act;<br \/>\n\u201crules\u201d, except in relation to rules of court, mean rules made by the Minister under<br \/>\nsection 81 ;<br \/>\n\u201cState emblem of Ireland\u201d means any emblem notified as such under Article 6ter of the Paris Convention;<br \/>\n\u201ctrade\u201d includes any business or profession;<br \/>\n\u201ctrade mark\u201d has the meaning assigned by section 6 .<\/p>\n<p>(2) References in this Act to use (or any particular description of use) of a trade mark, or of a sign identical with, similar to, or likely to be mistaken for a trade mark, include use (or that description of use) otherwise than by means of a graphic representation.<\/p>\n<p>(3) Any reference in this Act to a Community European Union\u2020 instrument includes a reference to any instrument amending or replacing that instrument.<\/p>\n<p>(4) In this Act\u2014<br \/>\n(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended; and<br \/>\n(b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that some other provision is intended.<\/p>\n<p>(5) In this Act a reference to an enactment includes a reference to that enactment as amended by or under any other enactment, including this Act.<\/p>\n<p>\u2020 *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018 Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<h4>Orders, regulations and rules.<\/h4>\n<p>3. \u2014(1) Where a power to make orders, regulations or rules is conferred by this Act, such orders, regulations or rules may be made either in respect of all, or in respect of any one or more, of the matters to which the power relates, and different provisions may be made by any such orders, regulations or rules in respect of matters which are of different classes or descriptions.<\/p>\n<p>(2) Subject to subsection (3), every order, regulation or rule made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order, regulation or rule is passed by either such House within the next twenty- one days on which that House has sat after the order, regulation or rule is laid before it, the order, regulation or rule shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(3) Where\u2014<\/p>\n<p>(a) a regulation is proposed to be made under section 57 or section 59 , or<br \/>\n(b) an order is proposed to be made under section 60 subsection (2) shall not apply and a draft of the order or regulation shall be laid before both Houses of the Oireachtas, and the order or regulation shall not be made until a resolution approving the draft has been passed by each House.*<br \/>\n\u2020<br \/>\n(4) As soon as may be after any order, regulation or rule is made under this Act, notice of the making thereof and of the place where copies thereof may be obtained, shall be published in the Journal.<\/p>\n<p>(5) Any power under this Act to make an order includes power to amend or revoke an order made in the exercise of that power except in the case of an order under section 1 (2).<\/p>\n<p>Expenses.<br \/>\n4. \u2014The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Repeal.<br \/>\n5. \u2014Subject to the provisions of section 100 , the Act of 1963 is hereby repealed.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<br \/>\n\u2020<\/p>\n<p>&nbsp;<\/p>\n<h4>Application for Registered Trade Mark<\/h4>\n<h4>Application for registration.<\/h4>\n<p>37. \u2014(1) An application for registration of a trade mark shall be made to the Controller in such manner and containing such information as may be prescribed.<\/p>\n<p>(2) The application shall state that the trade mark is being used, by or with the consent of the applicant, in relation to the goods or services specified in the application, or that the applicant has a bona fide intention that it should be so used.<\/p>\n<p>(3) The application shall be subject to the payment of the appropriate fee or fees.<\/p>\n<h4>Date of filing.<\/h4>\n<p>38. \u2014(1) The date of filing of an application for registration of a trade mark is the date on which the prescribed documents are furnished to the Controller by the applicant; and if those documents are furnished on different days, the date of filing is the last of those days.<\/p>\n<p>(2) References in this Act to the date of application for registration are to the date of filing of the application.<\/p>\n<h4>Classification of goods and services.<\/h4>\n<p>39.(1) Goods and services shall be classified for the purposes of the registration of trade marks according to a prescribed system of classification; and every trade mark shall be registered in respect of particular goods or services or in respect of classes of goods or services.<\/p>\n<p>(2) Any question arising as to the class within which any goods or services fall shall be determined by the Controller, whose decision shall be final.*<\/p>\n<h4>Designation and Classification of goods and services<\/h4>\n<p>39. (1) Goods and services shall be classified for the purposes of the registration of trade marks in conformity with the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (herein referred to as the \u2018Nice Classification\u2019).<\/p>\n<p>(2) The goods and services for which protection is sought shall be identified by the applicant with sufficient clarity and precision to enable the Controller and the public, on that sole basis, to determine the extent of the protection sought. \u2020<br \/>\n(3) For the purposes of subsection (2), the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision referred to in this section.<\/p>\n<p>(4) The Controller shall reject an application in respect of indications or terms which are unclear or imprecise, where the applicant does not suggest an acceptable wording within a period set by the Controller to that effect.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(5) The use of general terms, including the general indications of the class headings of the Nice Classification\u2014<\/p>\n<p>(a) shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term, and<\/p>\n<p>(b) shall not be interpreted as comprising a claim to goods or services which cannot be so understood.<\/p>\n<p>(6) Where the applicant requests registration for more than one class, the applicant shall\u2014<\/p>\n<p>(a) group the goods and services according to the classes of the Nice Classification,<\/p>\n<p>(b) precede each group by the number of the class to which that group of goods or services belongs, and<\/p>\n<p>(c) present them in the order of the classes.<\/p>\n<p>(7) Goods and services shall not be regarded as\u2014<\/p>\n<p>(a) being similar to each other on the ground that they appear in the same class under the Nice Classification, or<\/p>\n<p>(b) being dissimilar from each other on the ground that they appear in different classes under the Nice Classification.<\/p>\n<p>(8) Any question arising as to the class within which any goods or services fall shall be determined by the Controller, whose decision shall be final.*<\/p>\n<h4>Priority<\/h4>\n<h4>Claim to priority of Convention application.<\/h4>\n<p>40. \u2014(1) A person who has duly filed an application for protection of a trade mark in a<br \/>\nConvention country (in this Act referred to as a \u201cConvention application\u201d), or the successor in title to such a person, has a right to priority, for the purpose of registering the same trade mark under this Act for some or all of the same goods or services, for a period of six months from the date of filing of the first Convention application.<\/p>\n<p>(2) If the application for registration under this Act is made within the period specified in<br \/>\nsubsection (1)\u2014<br \/>\n(a) the relevant date for the purposes of establishing which rights take precedence shall be the date of filing of the first Convention application, and<br \/>\n(b) the registrability of the trade mark shall not be affected by any use of the mark in the State in the period between that date and the date of the application under this Act.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(3) Any filing which in a Convention country is equivalent to a regular national filing, under its domestic legislation or an international agreement, shall be treated as giving rise to the right of priority; and for this purpose a \u201cregular national filing\u201d means a filing which is adequate to establish the date on which the application was filed in that country, irrespective of the outcome of the application.<\/p>\n<p>(4) A subsequent application concerning the same subject as the first Convention application, filed in the same Convention country, shall be considered the first Convention application (of which the filing date is the starting date of the period of priority) if, at the time of the subsequent application\u2014<br \/>\n(a) the previous application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding; and<br \/>\n(b) it has not yet served as a basis for claiming a right of priority;<br \/>\nand in such a case the previous application may not thereafter serve as a basis for claiming a right of priority.<\/p>\n<p>(5) Provision may be made by rules as to the manner of claiming a right to priority on the basis of a Convention application.<\/p>\n<p>(6) A right to priority arising as a result of a Convention application may be assigned or otherwise transmitted, either with the application or independently; and the reference in subsection (1) to the applicant&#8217;s successor in title shall be construed accordingly.<\/p>\n<h4>Claim to priority from other relevant overseas application.<\/h4>\n<p>41. \u2014(1) This section applies to any country or territory in relation to which the State has entered into a treaty, convention, arrangement or engagement for the reciprocal protection of trade marks.<\/p>\n<p>(2) The Government may by order make provision for conferring on a person or the successor in title to such a person,* who has duly filed an application for protection of a trade mark in a country or territory to which this section applies a right to priority, for the purpose of registering the same trade mark under this Act for some or all of the same goods or services, for a specified period from the date of filing of that application.<\/p>\n<p>(3) In relation to a country or territory to which this section applies, an order under this section may make provision corresponding to that made by section 40 in relation to Convention countries or such other provision as appears to the Government to be appropriate.<\/p>\n<h4>Registration Procedure<\/h4>\n<h4>Examination of application.<\/h4>\n<p>42. \u2014(1) The Controller shall examine whether an application for registration of a trade mark satisfies the requirements of this Act (including any requirements imposed by rules); and in<br \/>\nthis section those requirements are referred to as \u201cthe requirements for registration\u201d.<\/p>\n<p>* Patents Amendment Act 2006 (31\/2006)<\/p>\n<p>(2) If it appears to the Controller that the requirements for registration are not met, the Controller shall inform the applicant and give the applicant an opportunity, within such period as the Controller may specify, to make representations or to amend the application.<\/p>\n<p>(3) If the applicant fails to satisfy the Controller that the requirements for registration have been met, or to amend the application so as to meet them, or fails to respond before the end of the specified period, the Controller shall refuse to accept the application.<\/p>\n<p>(4) If it appears to the Controller that the requirements for registration are met, the Controller shall accept the application.<\/p>\n<p>Publication, opposition proceedings and observations.<br \/>\n43. \u2014(1) When an application for registration has been accepted, the Controller shall cause the application to be published in the Journal.<\/p>\n<p>(2) Any person may, within the prescribed time from the date of the publication of the application in the Journal, give notice to the Controller of opposition to the registration; and opposition to the registration on the grounds provided for in section 10 and any such notice shall be given in writing in the prescribed manner, and shall include a statement of the grounds of opposition.<\/p>\n<p>(2A) (a) A notice of opposition under subsection (2) may be filed on the basis of one or more earlier trade marks or other earlier rights, provided that they all belong to the same proprietor.<\/p>\n<p>(b) A notice of opposition filed on the basis of one or more earlier trade marks or earlier rights, may be based on part, or the totality, of the goods or services in respect of which<br \/>\nthe earlier rights are protected or applied for, and may be directed against part or the totality of the goods or services in respect of which the contested mark is applied for.<\/p>\n<p>(2B) At any stage following the commencement of opposition proceedings, the parties shall be granted, at their joint request, a stay in the proceedings for a minimum period of 2 months from the date of the request, in order to allow for the possibility of a friendly settlement between the opposing party and the applicant.\u201d,<\/p>\n<p>(3) Where an application has been published in the Journal, any person may, at any time before the registration of the trade mark, make observations in writing to the Controller as to whether the trade mark should be registered; and the Controller shall inform the applicant of any such observations.<\/p>\n<p>(3) Where an application has been published in the Journal, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may, at any time before the registration of the trade mark, make observations* in writing to the Controller explaining on which grounds the trade mark should not be registered; and the Controller shall inform the applicant of any such observations.\u2020<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(4) A person who makes observations as mentioned in subsection (3) shall not thereby become a party to the proceedings on the application.<\/p>\n<p>(4) Persons and groups or bodies who make observations under subsection (3) shall not be a party to the proceedings on the application.<\/p>\n<h4>Non-use as defence in opposition proceedings<\/h4>\n<p>43A. (1) In opposition proceedings pursuant to section 43(2), where at the filing date or date of priority of the later trade mark, the 5 year period within which the earlier trade mark must have been put to genuine use as provided for in section 16A had expired, at the request<br \/>\nof the applicant, the proprietor of the earlier trade mark who has given notice of opposition shall furnish proof\u2014<\/p>\n<p>(a) that the earlier trade mark has been put to genuine use during the 5 year period preceding the filing date or date of priority of the later trade mark, or<\/p>\n<p>(b) that proper reasons for non-use existed.<\/p>\n<p>(2) In the absence of proof referred to in subsection (1), the opposition shall be rejected.<\/p>\n<p>(3) If the earlier trade mark has been used in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the opposition as provided for in subsection (1), be deemed to be registered in respect of that part of the goods or services only.<\/p>\n<p>(4) Subsections (1), (2) and (3) shall also apply where the earlier trade mark is an European Union trade mark and the genuine use of the European Union trade mark shall be determined in accordance with Article 18 of the European Union trade mark regulation.*<\/p>\n<h4>Withdrawal, restriction or amendment of application.<\/h4>\n<p>44. \u2014(1) An applicant may at any time by notice in writing withdraw his application or restrict the goods or services covered by the application; and, if the application has been published in the Journal, any withdrawal or restriction of the application shall also be published in the Journal.<\/p>\n<p>(2) Any such withdrawal as is mentioned in subsection (1) shall be irrevocable after the expiry of three months from the date of notice of the withdrawal.<\/p>\n<p>(3) In a case not falling within subsection (1), an application may be amended, at the request of the applicant, so long as the amendment does not substantially affect the identity of the trade mark or extend the goods or services covered by the application and, in particular, an amendment may be made (subject to that qualification) to correct\u2014<br \/>\n(a) the name or address of the applicant;<br \/>\n(b) errors of wording or of copying; or<br \/>\n(c) obvious mistakes.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(4) Provision shall be made by rules for the publication of any amendment which affects the representation of the trade mark, or the goods or services covered by the application, and for the making of objections by any person claiming to be affected by it.<\/p>\n<h4>Registration.<\/h4>\n<p>45. \u2014(1) Where an application has been accepted and\u2014<br \/>\n(a) no notice of opposition has been given within the period referred to in section 43 (2), or<br \/>\n(b) all opposition proceedings have been withdrawn or decided in favour of the applicant,<br \/>\nthe Controller shall register the trade mark unless it appears to him, having regard to matters coming to his notice since accepting the application, that it was accepted in error.<\/p>\n<p>(2) A trade mark shall not be registered unless any fee prescribed for the registration has been paid within the prescribed period and, if the fee has not been so paid, the application shall be deemed to be withdrawn.<\/p>\n<p>(3) A trade mark when registered shall be registered as of the date of filing of the application for registration; and that date shall be deemed for the purposes of this Act to be the date of registration.<\/p>\n<p>(4) On the registration of a trade mark the Controller shall publish the registration in the Journal and issue to the applicant a certificate of registration.<\/p>\n<p>(5) The registration procedure shall be regarded as completed on the date of publication under subsection (4); and that date shall be entered in the register.<\/p>\n<h4>Registration: supplementary provisions.<\/h4>\n<p>46. \u2014(1) Provision may be made by rules as to\u2014<br \/>\n(a) the division of an application for the registration of a trade mark into several applications, each having the same filing date as the original application;*<\/p>\n<p>(a) the division of an application for the registration of a trade mark and for the division of a registration of a trade mark into several applications or registrations, each having the same filing date as the original application;\u2020<br \/>\n(b) the merging of separate applications or registrations; and<br \/>\n(c) the registration of a series of trade marks in one registration.<br \/>\n(2) A \u201cseries of trade marks\u201d means a number of trade marks which resemble each other as to their material particulars and differ only in respect of matter of a non-distinctive character which does not substantially affect the identity of the trade mark.<\/p>\n<p>Duration, Renewal and Alteration of Registered Trade Mark<\/p>\n<h4>Duration of registration.<\/h4>\n<p>47. \u2014(1) A trade mark shall be registered for a period of ten years from the date of registration.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(2) Registration may be renewed in accordance with section 48 for further periods of ten years.<\/p>\n<h4>Renewal of registration.<\/h4>\n<p>48. \u2014(1) Subject to payment of the prescribed renewal fee, the registration of a trade mark may be renewed at the request of the proprietor.<\/p>\n<p>(1A) Where the request is submitted or the fees paid in respect of only some<br \/>\nof the goods or services for which the trade mark is registered, registration shall be renewed for those goods or services only.*<\/p>\n<p>(2) Provision shall be made by rules for the Controller to inform the proprietor of a registered trade mark, before the expiry of the registration, of the date of expiry and the manner in which the registration may be renewed.<\/p>\n<p>(3) Subject to subsection (4), a request for renewal must be made, and the prescribed renewal fee paid, before the expiry of the registration.<\/p>\n<p>(4) If subsection (3) is not complied with, a request for renewal may be made and the fee paid within such further period (of not less than six months) as may be prescribed; in which case the prescribed additional renewal fee must also be paid within that period.<\/p>\n<p>(5) A term of renewal shall take effect from the expiry of the previous registration.<\/p>\n<p>(6) If the registration is not renewed in accordance with the preceding provisions, the Controller shall remove the trade mark from the register; but provision may be made by rules for the restoration of the registration of a trade mark which has been removed from the register, subject to such conditions (if any) as may be prescribed.<\/p>\n<p>(7) The renewal, removal or restoration of the registration of a trade mark shall be published in the Journal.<\/p>\n<h4>Alteration of registered trade mark.<\/h4>\n<p>49. \u2014(1) The proprietor of a registered trade mark may apply in the prescribed manner to the Controller for leave to add to or alter the trade mark in any manner which does not substantially affect its identity; and the Controller may refuse leave or grant it on such terms and subject to such limitations as the Controller thinks fit.<\/p>\n<p>(2) In any case where it appears to the Controller expedient to do so, the Controller may cause an application under subsection (1) to be advertised in the Journal.<\/p>\n<p>(3) If, within the prescribed time from the date of the advertisement of an application under subsection (2), any person gives notice to the Controller in the prescribed manner of opposition to the application, the Controller shall, after hearing the parties if so required, decide the matter.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(4) Where leave is granted as mentioned in subsection (1) and the trade mark concerned, in its altered form, has not already been advertised in an advertisement of the application under subsection (2), the trade mark, in its altered form, shall be advertised in the Journal.<\/p>\n<h4>Surrender, Revocation and Invalidity<\/h4>\n<h4>Surrender of registered trade mark.<\/h4>\n<p>50. \u2014(1) A registered trade mark may be surrendered by the proprietor in respect of some or all of the goods or services for which it is registered.<\/p>\n<p>(2) Provision may be made by rules\u2014<br \/>\n(a) as to the manner and effect of a surrender; and<br \/>\n(b) for protecting the interests of other persons having a right in the registered trade mark.<\/p>\n<h4>Revocation of registration.<\/h4>\n<p>51. \u2014(1) The registration of a trade mark may be revoked on any of the following grounds\u2014<br \/>\n(a) that, within the period of five years following the date of publication of the registration, the trade mark has not been put to genuine use in the State, by or with the consent of the proprietor, in relation to the goods or services for which it is registered, and there are no proper reasons for non-use;<br \/>\n(b) that such use has been suspended for an uninterrupted period of five years, and there are no proper reasons for non-use;<br \/>\n(c) that, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service for which it is registered;<br \/>\n(d) that, in consequence of the use made of it by or with the consent of the proprietor in relation to the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.<\/p>\n<p>&nbsp;<\/p>\n<p>(2) For the purposes of subsection (1), use of a trade mark includes use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was<br \/>\n*\u2020registered, in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor \u2021and use in the State includes affixing the trade mark to goods or to the packaging of goods in the State solely for export purposes.<\/p>\n<p>(3) The registration of a trade mark shall not be revoked on the ground mentioned in paragraph (a) or (b) of subsection (1) if such use as is referred to in that paragraph is commenced or resumed after the expiry of the five year period and before the application for revocation is made; but, for this purpose, any such commencement or resumption of use occurring after the expiry of the five year period and within the period of three months before the making of the application shall be disregarded unless preparations for the commencement or resumption began before the proprietor became aware that the application might be made.<\/p>\n<p>&nbsp;<\/p>\n<p>\u2021 *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(4) An application for revocation may be made by any person, and may be made either to the Controller or to the Court High Court*, except that\u2014<br \/>\n(a) if proceedings concerning the trade mark in question are pending in the Court High Court, the application must be made to the Court High Court; and<br \/>\n(b) if in any other case the application is made to the Controller, he may at any stage of the proceedings refer the application to the Court High Court.<\/p>\n<p>(5) Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation shall relate to those goods or services only.<\/p>\n<p>(6) Where the registration of a trade mark is revoked to any extent, the rights of the proprietor shall be deemed to have ceased to that extent as from\u2014<br \/>\n(a) the date of the application for revocation; or<br \/>\n(b) if the Controller or the Court High Court\u2020 is satisfied that the grounds for revocation existed at an earlier date, that date.<\/p>\n<p>(7) Revocation of a trade mark shall be entered in the register and the Controller shall publish the revocation of a trade mark in the Journal.<\/p>\n<h4>Grounds for invalidity of registration.<\/h4>\n<p>52. \u2014(1) The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 8 or any of the provisions referred to in that section; but where a trade mark was registered in breach of subsection (1) (b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration acquired a distinctive character it has before the date of<br \/>\napplication for a declaration of invalidity, acquired a distinctive character in relation to the goods or services for which it is registered.<\/p>\n<p>(2) The registration of a trade mark may be declared invalid on the grounds\u2014<\/p>\n<p>(a) that there is an earlier trade mark in relation to which any of the conditions set out in subsections (1) to (3) of section 10 obtains, or subsections (1) to (3A) of section 10 obtains, or\u201d,<br \/>\n(b) that there is an earlier right in relation to which the condition set out in paragraph (a) or<br \/>\n(b) of subsection (4) paragraph (a), (b) or (c) of subsection (4) of that section is satisfied, unless the proprietor of that earlier trade mark or earlier right has consented to the registration.<\/p>\n<p>(c) that the trade mark was registered in breach of section 8(4)(a) and section 9, or<br \/>\n(d) that the trade mark was registered in breach of section 10(5A),\u201d\u2021<\/p>\n<p>(2A) An application for a declaration of invalidity on the basis of an earlier trade mark shall not succeed at the date of application for invalidation if it would not have been successful at the filing date or the priority date of the later trade mark for any of the following reasons:<\/p>\n<p>* Copyright and Other Intellectual Property Law Provisions Act 2019<br \/>\n\u2020 Copyright and Other Intellectual Property Law Provisions Act 2019<br \/>\n\u2021 *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(a) the earlier trade mark, liable to be declared invalid pursuant to section 8(1)(b), (c) or (d), had not yet acquired a distinctive character as referred to in section 8(1);<\/p>\n<p>(b) the application for a declaration of invalidity is based on section 10(2) and the earlier trade mark had not become sufficiently distinctive to support a finding of likelihood of<br \/>\nconfusion within the meaning of section 10(2);<\/p>\n<p>(c) the application for a declaration of invalidity is based on section 10(3) and (3A) and the earlier trade mark had not yet acquired a reputation within the meaning of section 10(3) and (3A).<\/p>\n<p>(2B) An application for a declaration of invalidity may be filed on the basis of one or more earlier rights, provided they all belong to the same proprietor.<\/p>\n<p>(3) An application for a declaration of invalidity may be made by any person, and may be made either to the Controller or to the Court High Court*, except that\u2014<br \/>\n(a) if proceedings concerning the trade mark in question are pending in the Court High Court, the application must be made to the Court High Court; and<br \/>\n(b) if in any other case the application is made to the Controller, the Controller may at any stage of the proceedings refer the application to the Court High Court.<\/p>\n<p>(4) In the case of bad faith in the registration of a trade mark, the Controller may apply to the Court High Court for a declaration of the invalidity of the registration.<\/p>\n<p>(5) Where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards those goods or services only.<\/p>\n<p>(6) Where the registration of a trade mark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made, provided that this shall not affect transactions past and closed.<\/p>\n<h4>Non-use as defence in proceedings seeking a declaration of invalidity<\/h4>\n<p>52A. (1) In proceedings for a declaration of invalidity based on a registered trade mark with an earlier filing date or priority date, if the proprietor of the later trade mark so requests, the proprietor of the earlier trade mark shall furnish proof that-<\/p>\n<p>(a) during the 5 year period preceding the date of the application for a declaration of invalidity, the earlier trade mark has been put to genuine use, as provided for in section 16A, in connection with the goods or services in respect of which it is registered and which are cited as justification for the application, or<br \/>\n(b) there are proper reasons for non-use,\u2020<\/p>\n<p>provided that the registration process of the earlier trade mark has at the date of the application for a declaration of invalidity been completed for not less than 5 years.<\/p>\n<p>* Copyright and Other Intellectual Property Law Provisions Act 2019<br \/>\n\u2020 *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<\/p>\n<p>(2) Where, at the filing date or date of priority of the later trade mark, the 5 year period within which the earlier trade mark was to have been put to genuine use, as provided for in section 16A, had expired, the proprietor of the earlier trade mark shall, in addition to<br \/>\nthe proof required under subsection (1), furnish proof that the earlier trade mark was put to genuine use during the 5 year period preceding the filing date or date of priority of the later trade mark, or that proper reasons for non-use existed.<\/p>\n<p>(3) In the absence of the proof referred to in subsections (1) and (2), an application for a declaration of invalidity on the basis of an earlier trade mark shall be rejected.<\/p>\n<p>(4) If the earlier trade mark has been used in accordance with section 16A in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the application for a declaration of invalidity, be deemed to be registered in respect of that part of the goods or services only.<\/p>\n<p>(5) Subsections (1) to (4) of this section shall also apply where the earlier trade mark is a European Union trade mark and genuine use of the European Union trade mark shall be determined in accordance with Article 18 of the European Union trade mark regulation.*<\/p>\n<h4>Effect of acquiescence.<\/h4>\n<p>53. \u2014(1) Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of five years in the use of a registered trade mark in the State, while being aware of that use, the proprietor shall no longer be entitled, on the basis of that earlier trade mark or other right\u2014<br \/>\n(a) to apply for a declaration that the registration of the later trade mark is invalid, or<br \/>\n(b) to oppose the use of the later trade mark in relation to the goods or services in connection with which it has been so used,<br \/>\nunless the registration of the later trade mark was applied for in bad faith.<\/p>\n<p>(2) Where subsection (1) applies, the proprietor of the later trade mark shall not be entitled to oppose the use of the earlier trade mark or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark or right may no longer be invoked against the proprietor&#8217;s later trade mark.<\/p>\n<p>PART IV<\/p>\n<h4>Administrative Provisions<\/h4>\n<h4>The Register<\/h4>\n<p>The register.<\/p>\n<p>* Patents Amendment Act 2006 (31\/2006)<br \/>\n\u2020 Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>66. \u2014(1) The Controller shall keep a Register of Trade Marks; and references in this Act to registration (in particular, in the expression \u201cregistered trade mark\u201d) are, unless the context otherwise requires, to registration in the register.<\/p>\n<p>(2) There shall be entered in the register in accordance with this Act\u2014<br \/>\n(a) registered trade marks;<br \/>\n(b) particulars of registrable transactions affecting a registered trade mark; and<br \/>\n(c) such other matters as may be prescribed.<\/p>\n<p>(3) The register shall be kept in such form as may be prescribed, and provision shall in particular be made for\u2014<br \/>\n(a) public inspection of the register; and<br \/>\n(b) the supply of certified or uncertified copies of, or extracts from, entries in the register.<\/p>\n<h4>Rectification or correction of the register.<\/h4>\n<p>67. \u2014(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the register:<br \/>\nProvided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.<\/p>\n<p>(2) An application for rectification may be made either to the Controller or to the Court High Court*, except that\u2014<br \/>\n(a) if proceedings concerning the trade mark in question are pending in the Court High Court, the application must be made to the Court High Court; and<br \/>\n(b) if in any other case the application is made to the Controller, he may at any stage of the proceedings refer the application to the Court High Court.<\/p>\n<p>(3) Unless the Controller or the Court High Court otherwise directs, the effect of rectification of the register is that the error or omission in question shall be deemed never to have been made.<\/p>\n<p>(4) The Controller may (of his own motion) correct any error made by him in any entry in the Register but, before doing so, he shall give notice of the proposed correction to any person who appears to him to be concerned.<\/p>\n<p>(5) The Controller may, on request made in the prescribed manner by the proprietor of a registered trade mark\u2014<br \/>\n(a) enter any change in the proprietor&#8217;s name or address as recorded in the register;<br \/>\n(b) amend the specification of the goods in respect of which a trade mark is registered, provided that the amendment does not in any way extend the rights given by the existing registration of the trade mark; or<br \/>\n(c) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of the trade mark.<br \/>\n(6) The Controller may, on request made in the prescribed manner by the licensee of a registered trade mark, enter any change in the licensee&#8217;s name or address as recorded in the register.<\/p>\n<p>* Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(7) The Controller may remove from the register matter appearing to him to have ceased to have effect.<\/p>\n<h4>Adaptation of entries to new classification.<\/h4>\n<p>68. \u2014(1) Provision may be made by rules authorising the Controller to do such things as the Controller considers necessary to implement any amended or substituted classification of goods or services for the purposes of the registration of trade marks.<\/p>\n<p>(2) Provision may, in particular, be made for the amendment of existing entries on the register so as to accord with the new classification.<\/p>\n<p>(3) Any such power of amendment shall not be exercised so as to extend the rights conferred by the registration, except where it appears to the Controller that compliance with this requirement would involve undue complexity and that any extension would not be substantial and would not adversely affect the rights of any person.<\/p>\n<p>(4) The rules may empower the Controller\u2014<br \/>\n(a) to require the proprietor of a registered trade mark, within such time as may be prescribed, to file a proposal for amendment of the register; and<br \/>\n(b) to cancel or refuse to renew the registration of the trade mark in the event of the proprietor failing to do so.<\/p>\n<p>(5) A proposal under subsection (4) (a) shall be advertised, and may be opposed, in such manner as may be prescribed.<\/p>\n<p>&nbsp;<\/p>\n<h4>Powers and Duties of the Controller<\/h4>\n<h4>Power to require use of forms.<\/h4>\n<p>69. \u2014(1) The Controller may require the use of such forms as he may direct for any purpose relating to the registration of a trade mark or any other proceedings before the Controller under this Act.<\/p>\n<p>(2) The forms, and any directions of the Controller with respect to their use, shall be published in the Journal.<\/p>\n<h4>Information about applications and registered trade marks.<\/h4>\n<p>70. \u2014(1) After publication of an application for registration of a trade mark, the Controller shall on request provide a person with such information as may be prescribed and permit him to inspect such documents as may be prescribed relating to the application or to any registered trade mark resulting from it.<\/p>\n<p>(2) A request for the purposes of subsection (1) must be made in the prescribed manner and be accompanied by the appropriate fee (if any).<\/p>\n<p>(3) Before publication of an application for registration of a trade mark, documents or information constituting or relating to the application shall not be published by the Controller or communicated by the Controller to any person except\u2014<br \/>\n(a) in such classes of case and to such extent as may be prescribed; or<\/p>\n<p>(b) with the consent of the applicant;<br \/>\nbut subject to the following provisions of this section.<\/p>\n<p>(4) Where a person has been notified\u2014<br \/>\n(a) that an application for registration of a trade mark has been made, and<br \/>\n(b) that the applicant will if the application is granted bring proceedings against that person in respect of acts done after publication of the application,<br \/>\nthat person may make a request under subsection (1) notwithstanding that the application has not been published and that subsection shall apply accordingly.<\/p>\n<p>Exercise of discretionary powers by Controller.<\/p>\n<p>71. \u2014Where any discretionary power is, by or under this Act, given to the Controller, that power shall not be exercised adversely to any applicant for or proprietor of a trade mark or to any party in any proceedings before the Controller, without that applicant, proprietor or party being given an opportunity of being heard as regards the exercise of that power.<\/p>\n<h4>Costs and security for costs.<\/h4>\n<p>72. \u2014(1) The Controller may, in any proceeding before him under this Act, order the payment to any party of such costs (if any) as the Controller may consider reasonable and direct how and by what party they are to be paid; and any such order may, by leave of the Court High Court*, be enforced in the same manner as a judgment or order of the Court High Court to the same effect.<\/p>\n<p>(2) Where, under this Act, a party who neither resides nor carries on business in the State or in any other state which may be prescribed is a party to any proceedings before the Controller, the Controller or, in the case of any appeal, the Court High Court, may require that party to give security for the costs of the proceedings.<\/p>\n<p>(3) If a requirement under subsection (2) is not complied with, the Controller or the Court High Court, as may be appropriate, may treat the proceedings as abandoned.<\/p>\n<h4>Evidence before the Controller.<\/h4>\n<p>73. \u2014In subsection (1) of section 92 of the Patents Act, 1992 (which relates to evidence in proceedings before the Controller under that Act or any other enactment) after the words \u201cbefore the Controller\u201d there shall be inserted \u201c(including proceedings under the Trade Marks Act, 1996)\u201d.<\/p>\n<h4>Exclusion of liability in respect of official acts.<\/h4>\n<p>74. \u2014(1) The Controller shall not be taken to warrant the validity of the registration of a trade mark under this Act or under any treaty, convention, arrangement or engagement to which the State is a party.<\/p>\n<p>(2) The Controller shall not have any liability by reason of, or in connection with, any examination required or authorised by this Act, or any such treaty, convention, arrangement or engagement, or any report or other proceedings consequent on such examination.<\/p>\n<p>&nbsp;<\/p>\n<p>* Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(3) No proceedings shall lie against an officer of the Controller in respect of any matter for which, by virtue of this section, the Controller is not liable.<\/p>\n<h4>Content of Controller&#8217;s annual report.<\/h4>\n<p>75. \u2014In the report on the execution of the provisions of this Act included in the Controller&#8217;s annual report, prepared in accordance with section 103 of the Patents Act, 1992 , there shall be included a report on the discharge of the Controller&#8217;s functions in relation to the Madrid Protocol.<\/p>\n<h4>Legal Proceedings and Appeals<\/h4>\n<p>&nbsp;<\/p>\n<h4>Registration to be prima facie evidence of validity.<\/h4>\n<p>76. \u2014In all legal proceedings relating to a registered trade mark (including proceedings for rectification of the register) the registration of a person as proprietor of a trade mark shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission of it.<\/p>\n<h4>Certificate of validity of contested registration.<\/h4>\n<p>77. \u2014(1) If, in proceedings before the Court High Court*, the validity of the registration of a trade mark is contested and it is found by the Court High Court that the trade mark is validly registered, the Court High Court may give a certificate to that effect.<\/p>\n<p>(2) If the Court High Court gives such a certificate and in subsequent proceedings\u2014<br \/>\n(a) the validity of the registration is again questioned, and<br \/>\n(b) the proprietor obtains a final order or judgment in the proprietor&#8217;s favour,<br \/>\nthe proprietor shall be entitled to his costs as between solicitor and client unless the Court High Court otherwise directs.<\/p>\n<p>(3) Subsection (2) does not extend to the costs of an appeal in any proceedings.<\/p>\n<h4>Controller&#8217;s appearance in court proceedings.<\/h4>\n<p>78. \u2014(1) In any proceedings before the Court High Court (including an appeal) which involve or relate to\u2014<br \/>\n(a) the revocation of the registration of a trade mark, or<br \/>\n(b) a declaration of the invalidity of the registration of a trade mark, or<br \/>\n(c) the rectification of the register, or<br \/>\n(d) any other matter in which the relief sought would affect the register,<br \/>\nthe Controller shall be entitled to appear and be heard, and shall appear if so directed by the Court High Court.<\/p>\n<p>(2) Unless otherwise directed by the Court High Court, in any proceedings before the Court High Court the Controller may instead of appearing submit to the Court High Court a statement in writing signed by the Controller, giving particulars of\u2014<br \/>\n(a) any proceedings before the Controller in relation to the matter in issue;<br \/>\n(b) the grounds of any decision given by the Controller affecting it;<br \/>\n(c) the practice of the Patents Office in like cases; or<\/p>\n<p>* Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(d) such matters relevant to the issues and within the Controller&#8217;s knowledge as the Controller thinks fit;<br \/>\nand the statement shall be deemed to form part of the evidence in the proceedings.<\/p>\n<p>79. \u2014(1) Unless otherwise provided by rules of court, within the period of three months from the date of a decision of the Controller under this Act, an appeal shall lie from the decision to the Court.<\/p>\n<p>(1) (a) Save as otherwise provided by this Act and subject to paragraph (b), except by leave of the Court High Court, an appeal shall lie to the Court High Court from a decision of the Controller under this Act within three months from the date of the decision.<br \/>\n(b) Where a written statement of the grounds of the decision of the Controller, in the exercise of his discretionary power, has been requested in the prescribed manner and within the prescribed period by a party to the proceedings, the period of three months shall begin on the date on which the written statement is furnished to the party requesting it.*<\/p>\n<p>(2) On an appeal under this section\u2014<br \/>\n(a) the Controller shall be entitled to appear and be heard, and shall appear if so directed by the Court High Court\u2020: and<br \/>\n(b) the Court High Court may exercise any power which could have been exercised by the Controller in the proceedings from which the appeal is brought.<\/p>\n<p>(3) By leave of the Court High Court, an appeal from a decision of the Court High Court under this section shall lie to the Supreme Court on a specified point of law.<\/p>\n<h4>No award of costs to or against the Controller.<\/h4>\n<p>80. \u2014In any proceedings before the Courts any court under this Act, the Controller shall not be awarded or be ordered to pay costs.<\/p>\n<h4>Rules and Fees<\/h4>\n<h4>Power of Minister to make rules.<\/h4>\n<p>81. \u2014(1) The Minister may make rules\u2014<br \/>\n(a) for the purposes of any provision of this Act authorising the making of rules with respect to any matter; and<br \/>\n(b) for prescribing anything authorised or required by any provision of this Act to be prescribed,<br \/>\nand generally for regulating practice and procedure under this Act.<br \/>\n(2) Without prejudice to the generality of subsection (1), provision may, in particular, be made by rules under this section\u2014<br \/>\n(a) as to the manner of filing of applications and other documents;<br \/>\n(b) requiring and regulating the translation of documents and the filing and authentication of any translation;<br \/>\n(c) as to the service of documents;<br \/>\n(d) authorising the rectification of irregularities of procedure; and<\/p>\n<p>* Patents Amendment Act 2006 (31\/2006)<br \/>\n\u2020 Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(e) prescribing time limits for anything required to be done in connection with any proceeding under this Act, and providing for the extension of any such limit (whether or not it has already expired).<\/p>\n<h4>Fees.<\/h4>\n<p>82. \u2014(1) There shall be charged by the Controller and paid in respect of applications and registration and other matters under this Act, such fees as may from time to time be prescribed by the Minister with the sanction of the Minister for Finance.<\/p>\n<p>(2) Provision may be made by rules to enable the payment of a single fee in respect of two or more matters.<\/p>\n<p>(3) All fees charged by the Controller under this section shall be collected and accounted for in such manner as shall be determined by the Minister with the consent of the Minister for Finance.<\/p>\n<p>(4) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.<\/p>\n<p>PART V<\/p>\n<p>&nbsp;<\/p>\n<h4>Trade Mark Agents<\/h4>\n<h4>Authorised agent may act.<\/h4>\n<p>83. \u2014(1) Subject to rules made under section 90 , whenever, under this Act, any act has to be done by or to any person in connection with the registration of a trade mark or any procedure relating to a registered trade mark, the act may be done by or to an agent\u2014<\/p>\n<p>(a) who is authorised by that person orally or in writing; and<br \/>\n(b) who is a registered trade mark agent.<br \/>\n(b) who is\u2014<br \/>\n(i) a registered trade mark agent, or<br \/>\n(ii) a person referred to in subsection (4A) of section 85 and<br \/>\nthe relevant provisions of that section with regard to the person\u2019s acting as agent in the foregoing circumstances are complied with.\u201d, and*<\/p>\n<p>(2) A person duly authorised by another person under subsection (1) to act as his registered trade mark agent may (subject to any provision to the contrary in any agreement between the agent and that person), on giving notice to the Controller and the other person, cease to act as registered trade mark agent for the other person.<\/p>\n<p>(2) A person referred to in paragraph (b)(i) or (ii) of subsection (1) who is duly authorised by another person under that section to act as his agent may (subject to any provision to the<\/p>\n<p>* S.I. No. 622 of 2007 European Communities (Provision of services concerning Trade Marks and Industrial Designs Regulations 2007<br \/>\n*S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<\/p>\n<p>contrary in any agreement between the person so authorised and the other person), on giving notice to the Controller and the other person, cease to act as agent for the other person*.<\/p>\n<h4>Register of Trade Mark Agents.<\/h4>\n<p>84. \u2014The Register which, immediately before the commencement of this section, was known as the Register of Trade Mark Agents shall continue to be known as such and to be maintained by the Controller; and in this Part\u2014<br \/>\n(a) \u201cthe Register\u201d means the Register of Trade Mark Agents;<br \/>\n(b) \u201cregistered trade mark agent\u201d means a person whose name is entered in the Register; and<br \/>\n(c) \u201cregistration\u201d, in relation to a person who is or has been a registered trade mark agent, means the entry of that person&#8217;s name in the Register.<\/p>\n<h4>Business to be carried on only by registered trade mark agents &amp;c.<\/h4>\n<p>85. \u2014(1) Subject to the provisions of this section, an individual who is not a registered trade mark agent shall not\u2014<br \/>\n(a) carry on a business (otherwise than in partnership) under any name or other description which contains the words \u201cregistered trade mark agent\u201d, or<br \/>\n(b) in the course of a business otherwise describe or hold himself out, or permit himself to be described or held out, as a registered trade mark agent.\u2020<\/p>\n<p>(1) Subject to the provisions of the section-<\/p>\n<p>(a) a person established in the State shall not carry on the business of acting as a trade mark agent in the State unless that person is for the time being registered in the Register;<br \/>\n(b) a person acting for gain shall not practise, describe himself or hold himself out as a registered trade mark agent or trade mark agent, or permit himself to be so described or held out, unless that person is for the time being registered in the Register.<\/p>\n<p>(2) A partnership shall not\u2014<br \/>\n(a) carry on a business under any name or other description which contains the words \u201cregistered trade mark agent\u201d, or<br \/>\n(b) in the course of a business otherwise describe or hold itself out or permit itself to be described or held out, as a firm of registered trade mark agents,<br \/>\nunless all the partners are registered trade mark agents or the partnership satisfies such conditions as may be prescribed for the purposes of this section.<\/p>\n<p>(3) A body corporate shall not\u2014<br \/>\n(a) carry on a business (otherwise than in partnership) under any name or other description which contains the words \u201cregistered trade mark agent\u201d, or<br \/>\n(b) in the course of a business otherwise describe or hold itself out, or permit itself to be described or held out, as a registered trade mark agent,<\/p>\n<p>\u2020 *S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<\/p>\n<p>unless all the directors of the body corporate and any manager who is not also a director are registered trade mark agents or the body satisfies such conditions as may be prescribed for the purposes of this section.<\/p>\n<p>(4) With a view to the fulfilment by the Government on behalf of the State of any international agreement to which the State is a party, the Minister may permit any person who is not a registered trade mark agent but who is a citizen of a state which is also a party to that international agreement, upon application made by that person, to act on behalf of others in relation to trade marks subject to any conditions that the Minister considers appropriate.<\/p>\n<p>(4A) Notwithstanding subsections (1) to (3) but subject to subsections (4B) to (4E), a person established in a Member State of the European Community (other than the State) and qualified under the law of that state to act as a trade mark agent in that state may carry on the business of acting as a trade mark agent for others in connection with the registration of a trade mark or any procedure relating to a registered trade mark.<\/p>\n<p>(4A) Notwithstanding subsection (1) but subject to subsections (4B) to (4E), a person established in another EEA state and qualified under the law of that state to act as a trade mark agent in that state may carry on the business of acting as a trade mark agent for others in connection with the registration of a trade mark or any procedure relating to a registered trade mark<\/p>\n<p>(4B) On or before the first occasion on which a person acts, in reliance on subsection (4A), on behalf of another before the Controller in connection with the registration of a trade mark or any procedure relating to a registered trade mark, the person shall provide to the Controller such evidence as may be prescribed relating to\u2014<br \/>\n(a) the person\u2019s being established in another Member State EEA state<br \/>\n(b) the person\u2019s being qualified under the law of that state to act as a trade mark agent in that state, and<br \/>\n(c) whichever of the following is appropriate\u2014<br \/>\n(i) the person\u2019s nationality, or<br \/>\n(ii) the person\u2019s falling within paragraph (b) of the definition of \u2018person\u2019 in subsection (4F).*<\/p>\n<p>&nbsp;<\/p>\n<p>(4C) In acting, in reliance on subsection (4A), on behalf of another in connection with the registration of a trade mark or any procedure relating to a registered trade mark, the person<br \/>\n\u2020shall use the applicable professional title (if any) but its use in the State shall be subject to the following requirements\u2014\u2021<\/p>\n<p>(a) the title is to be expressed in the official language or one of the official languages of the Member State EEA state referred to in subsection (4A), and<\/p>\n<p>*S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<br \/>\n* S.I. No. 622 of 2007 European Communities (Provision of services concerning Trade Marks and Industrial Designs Regulations 2007<br \/>\n\u2020<\/p>\n<p>(b) in a case where the language in which the title is expressed is also an official language of the State, the use of the title is not such as is likely to be understood as indicating that the person is a trade mark agent registered under this Act.<\/p>\n<p>(4D) It shall be sufficient compliance with subsection (4C)(b) if the use of the title concerned is accompanied by an indication of the Member State EEA state in which the person concerned is established as a trade mark agent.<\/p>\n<p>(4E) If there is no applicable professional title, then the person, in acting as mentioned in subsection (4C), shall indicate that the person possesses the applicable qualifications and those qualifications shall be expressed in the official language or one of the official languages of the Member State EEA state referred to in subsection (4A).<\/p>\n<p>(4F) In this section\u2014<br \/>\n\u2018applicable professional title\u2019, in relation to a person, means the professional title that, by<br \/>\nvirtue of the person\u2019s being qualified to act as a trade mark agent in the Member State EEA state referred to in subsection (4A), the person is entitled to use in that state;<\/p>\n<p>\u2018applicable qualifications\u2019, in relation to a person, means the qualifications that the person must possess, under the law of the Member State EEA state referred to in subsection (4A) so as to be qualified to act as a trade mark agent in that state;<\/p>\n<p>\u2018person\u2019 means\u2014<\/p>\n<p>(a) in the case of an individual, a national of a Member State of the European Community, an EEA state and<br \/>\n(b) in the case of a person which is not an individual, a company or firm (within the meaning of Article 48 of the Treaty establishing the European Community) formed in accordance with the law of a Member State of the European Community and having its registered office, central administration or principal place of business within the European Community*. an EEA state and having its registered office, central administration or principal place of business within an EEA state.<\/p>\n<p>(5) The legal personal representative of a deceased registered trade mark agent may carry on the business or practice of the deceased agent for a period not exceeding three years from the agent&#8217;s death, or for such further period (if any) as the Court High Court\u2020 allows if the personal representative\u2014<br \/>\n(a) is authorised by the Court High Court to manage the business or practice; or<br \/>\n(b) employs another person who is so authorised to manage the business or practice on behalf of the personal representative.<\/p>\n<p>(6) Any person who contravenes any provision of this section shall be liable on summary conviction to a fine not exceeding \u00a3500 class D fine in the case of a first offence and, in the<\/p>\n<p>* S.I. No. 622 of 2007 European Communities (Provision of services concerning Trade Marks and Industrial Designs) Regulations 2007<br \/>\n*S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<br \/>\n* Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>case of a second or subsequent offence, \u00a31,000 a class C fine; and, notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under this section may be commenced at any time within twelve months from the date of the offence.<\/p>\n<p>(7) Nothing in this Act shall be construed as prohibiting solicitors or barristers from taking such part in proceedings under this Act as has heretofore been taken by solicitors or barristers in connection with a trade mark or any procedure relating to a trade mark or the registration thereof.<\/p>\n<p>(8) A registered trade mark agent shall not be guilty of an offence under section 58 of the Solicitors Act, 1954 (which prohibits the preparation for reward of certain instruments by persons not legally qualified), by reason only of the preparation by the agent of\u2014<br \/>\n(a) a deed assigning the property in a trade mark application or trade mark; or<br \/>\n(b) any document (not being a deed) for use in proceedings under this Act before the Controller or the Court appropriate court.<\/p>\n<p>(9) No offence is committed under any enactment restricting the use of certain expressions in reference to any person not qualified to act as a solicitor by use of the term \u201cCommunity Trade Mark Attorney\u201d \u201cEuropean Union or EEA Trade Mark Attorney\u201d*\u2020 in reference to a Registered Trade Mark Agent.<\/p>\n<h4>Entitlement to be registered as trade mark agent.<\/h4>\n<p>86. \u2014(1) Any person who\u2014<br \/>\n(a) resides in the State or in such other state as may be prescribed,<br \/>\n(b) has a place of business in the State,<\/p>\n<p>(a) resides in the European Community,<br \/>\n(b) has a place of business in the European Community\u2021,<br \/>\n(c) possesses the prescribed educational and professional qualifications, and<br \/>\n(d) complies with the prescribed conditions,<br \/>\nshall be eligible to be a registered trade mark agent and a partnership shall be so eligible if every partner is registered in accordance with the provisions of this section; and, on application in the prescribed form and manner and on payment of the prescribed fee, a person or partnership so eligible shall be registered.<\/p>\n<p>(a) resides in the State or in an EEA state,<br \/>\n(b) has a place of business in the State or in an EEA state,<br \/>\n(c) possesses the prescribed educational and professional qualifications, and<br \/>\n(d) complies with the prescribed conditions,<br \/>\nshall be eligible to be a registered trade mark agent and a person so eligible shall, on application in the prescribed form and manner and on payment of the prescribed fee, be so registered.<\/p>\n<p>* *S.I. No. 561 of 2018 European Union (Trade Marks) Regulations 2018<br \/>\n\u2020 *S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016 Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(2) Persons and partnerships whose names were entered in the Register under the Act of 1963 immediately before the commencement of this Act shall continue to be registered trade mark agents.*<\/p>\n<p>A person or partnership whose name was entered in the Register of Trade Mark Agents immediately before the commencement of these Regulations shall continue to be registered in the Register of Trade Mark Agents.*<\/p>\n<h4>Removal from Register.<\/h4>\n<p>87. \u2014The Controller may, upon the application of any person who is a registered trade mark agent, remove that person&#8217;s name from the Register.<\/p>\n<h4>Suspension and erasure of registration of trade mark agent.<\/h4>\n<p>88. \u2014(1) Where, in the opinion of the Controller, a person who is a registered trade mark agent ceases to be eligible to be registered or has been guilty of conduct disgraceful to that person in the capacity of a registered trade mark agent, the Controller may, after giving that person an opportunity to be heard, decide that the name of that person should be erased from the Register or that, during a period of specified duration, that person&#8217;s registration should not have effect.<\/p>\n<p>(2) On making a decision under subsection (1), the Controller shall forthwith send by post to the person to whom the decision relates (in this section referred to as \u201cthe person in default\u201d), at that person&#8217;s address as stated in the Register, a notice in writing stating the decision, the date thereof and the reason therefor.<\/p>\n<p>(3) On giving notice to the Controller in the prescribed manner, the person in default may, within the period of 21 days beginning on the date of the decision in question, apply to the Court High Court\u2020 for cancellation of the decision; and, if that person so applies, the Court High Court, on hearing the application, may either\u2014<br \/>\n(a) cancel the decision, or<br \/>\n(b) declare that it was proper for the Controller to make a decision under subsection<br \/>\n(1) in relation to the person in default and either (as the Court High Court may consider proper)\u2014<br \/>\n(i) direct the Controller to erase the name of the person in default from the Register; or<br \/>\n(ii) direct that, during a specified period (beginning not earlier than 7 days after the decision of the Court High Court), the registration of the person in default shall not have effect.<\/p>\n<p>(4) If at any time the Controller satisfies the Court High Court\u2021 that the person in default has delayed unduly in proceeding with an application under subsection (3), the Court High Court shall, unless it sees good reason to the contrary, declare that it was proper for the Controller to make a decision under subsection (1) in relation to the person in default and either (as the Court High Court may consider proper)\u2014<\/p>\n<p>* *S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<br \/>\n* Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>(a) direct the Controller to erase the name of the person in default from the Register; or<br \/>\n(b) direct that, during a specified period (beginning not earlier than 7 days after the decision of the Court High Court), the registration of the person in default shall not have effect.<\/p>\n<p>(5) Where the person in default does not, within the period of 21 days beginning on the date of the decision in question, apply to the Court High Court* for cancellation of the decision, the Controller may apply exparte to the Court High Court for confirmation of the decision; and, if the Controller so applies, the Court High Court on the hearing of the application shall, unless it sees good reason to the contrary, declare accordingly and either (as the Court High Court may consider proper)\u2014<br \/>\n(a) direct the Controller to erase the name of the person in default from the Register; or<br \/>\n(b) direct that, during a specified period (beginning not earlier than 7 days after the decision of the Court High Court), the registration of the person in default shall not have effect.<\/p>\n<p>(6) The decision of the Court High Court on an application under subsection (3) or subsection (5) shall be final, save that, by leave of the Court High Court or the Supreme Court, an appeal by the Controller or the person in default from the decision shall lie to the Supreme Court on a specified question of law.<\/p>\n<h4>Notice of erasure or suspension: subsequent restoration.<\/h4>\n<p>89. \u2014(1) Upon the erasure of the name of a person from the Register the Controller shall forthwith send by pre-paid post to that person, at that person&#8217;s address as stated in the Register, notice in writing of the erasure.<\/p>\n<p>(2) Where a decision is made under section 88 that, during a specified period, a person&#8217;s registration shall not have effect, the Controller shall, before the commencement of that period, send by pre-paid post to that person, at that person&#8217;s address as stated in the Register, notice in writing of the decision.<\/p>\n<p>(3) The name of any person which has been erased from the Register may at any time be restored to the Register by direction of the Controller but not otherwise; and, when a person&#8217;s name is so restored to the Register, the Controller may attach to the restoration such conditions (including the payment of a fee not exceeding the fee which would be payable by the person for registration if that person was being registered for the first time) as the Controller thinks fit.<\/p>\n<p>(4) Where a person&#8217;s registration has ceased to have effect under section 88 for a specified period, the Controller may, if he so thinks fit, on application made to him by that person, terminate the suspension.<\/p>\n<h4>Rules relating to trade mark agents.<\/h4>\n<p>90. \u2014(1) The Minister may make rules for the management of the Register and may, by those rules, prescribe any matter or thing referred to in this section or section 85 and, in particular,<\/p>\n<p>*S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<br \/>\n* Copyright and Other Intellectual Property Law Provisions Act 2019<\/p>\n<p>may so prescribe the educational and professional qualifications and the conditions (including conditions relating to nationality or citizenship) for eligibility for registration and the maximum fees which may be charged by any person who is registered for such services in connection with trade marks as may be specified in the rules.*<br \/>\n(1) The Minister may make rules for the management of the Register and may by such rules prescribe any matter or thing referred to in this section, section 86 or section 88, and in particular may so prescribe\u2014<br \/>\n(a) the educational and professional qualifications and the conditions (including conditions relating to nationality or citizenship), which must be satisfied for eligibility for registration in the Register;<br \/>\n(b) the conditions which must be satisfied by a partnership, body corporate or unincorporated body of persons for eligibility for registration in the Register, including conditions relating\u2020<\/p>\n<p>to the following:<br \/>\n(i) evidence of establishment as a partnership, body corporate or unincorporated body;<br \/>\n(ii) evidence that a trade mark agent established in an EEA state (other than the State) is acting as a trade mark agent in accordance with the law of that state;<br \/>\n(iii) evidence that the partnership, body corporate or unincorporated body is performing the services of a trade mark agent in the State;\u2021<br \/>\n(c) the maximum fees which may be charged by any person registered in the Register for such services in connection with the obtaining of trade marks as may be specified in such rules.<\/p>\n<p>(2) Rules under subsection (1) may authorise the Controller to refuse to recognise as agent in respect of any business under this Act any person who does not satisfy the requirements of section 85 .<\/p>\n<p>(3) Rules under this section may authorise the Controller to refuse to recognise as agent in respect of any business under this Act a company or firm of which any director, manager or partner (as the case may be) is an individual whom the Controller could refuse to recognise as an agent.<\/p>\n<p>&nbsp;<\/p>\n<h4>Privileged communications.<\/h4>\n<p>91. \u2014(1) This section applies to communications in respect of any matter relating to the protection of a trade mark or in respect of any matter involving passing off.<\/p>\n<p>(2) Any communication to which this section applies\u2014<br \/>\n(a) between a person and his registered agent, or<br \/>\n(b) for the purposes of obtaining or in response to a request for information which a person is seeking for the purpose of instructing his registered agent,<br \/>\nis privileged from disclosure in legal proceedings in the State in the same way as a communication between a person and his solicitor or, as the case may be, a communication<\/p>\n<p>\u2020 S.I. No. 47 of 2016 European Communities (Trade Mark Agents) Regulations 2016<br \/>\n\u2020 S.I. No. 622 of 2007 European Communities (Provision of services concerning Trade Marks and Industrial Designs) Regulations 2007<\/p>\n<p>for the purpose of obtaining or in response to a request for information which a person seeks for the purpose of instructing his solicitor.<\/p>\n<p>(3) In subsection (2) \u201cregistered agent\u201d means\u2014*<br \/>\n(a) a registered trade mark agent;<br \/>\n(b) a partnership entitled to describe itself as a firm of registered trade mark agents; or<br \/>\n(c) a body corporate entitled to describe itself as a registered trade mark agent.<\/p>\n<p>(3) In this section \u2018registered agent\u2019 means\u2014<br \/>\n(a) a registered trade mark agent;<br \/>\n(b) a partnership entitled to describe itself as a firm of registered trade mark agents;<br \/>\n(c) a body corporate entitled to describe itself as a registered trade mark agent; or<br \/>\n(d) a person to whom section 85(4A) applies.*<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-13133\" data-postid=\"13133\" class=\"themify_builder_content themify_builder_content-13133 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Application for Registration An application for registration of a trade mark is made to the Controller in a prescribed form. The application must state that the trade mark is being used, by or with the applicant&#8217;s consent, in relation to the goods or services specified in the application or that the applicant has a bona [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[179],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13133"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=13133"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13133\/revisions"}],"predecessor-version":[{"id":35554,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/13133\/revisions\/35554"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=13133"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=13133"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=13133"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}