<\/span><\/h3>\nIt is possible to register a Community trade mark with the Office for the Harmonisation of the Internal Market in Alicante. A Community Trade mark gives protection in all EU states.<\/p>\n
If, however, there is an earlier trade mark in an EU country, the application for a Community trade mark may not succeed. It may be necessary to withdraw the application and apply only in a limited number of countries where there is no inconsistent trademark .<\/p>\n
The Madrid Protocol provides for the registration of multiple national trade marks. An applicant can designate any of a significant number of countries that are party to the Protocol in his national application. This is equivalent to individual filings in the countries concerned. The Community trade mark itself can be designated.<\/p>\n
The Irish Patent Office forward the application to the World International Intellectual Property Office in Switzerland. The latter notifies the application to each designated country.<\/p>\n
The application may be converted into national filings within 12 months unless refused. The designated countries can grant or reject the trade mark. The matter can be contested in each country in which registration is refused.<\/p>\n
The application may proceed in respect of countries that do not contest the application, even if it fails. If the original application is cancelled or fails within 5 years, the international registration falls.<\/p>\n
Trademarks can be filed by the applicants or by agents on their behalf. Irish Trademark and Patent Agents act on behalf of applicants to the Irish and European Trade Mark and Patent Office.<\/p>\n
<\/span>Grounds for Refusal<\/span><\/h3>\nThere are various grounds for refusal of registration of a trade mark. A trade mark can be denied registration if<\/p>\n
\n- it does not fall within the definition of trade mark;<\/li>\n
- \u00a0it is not distinctive;<\/li>\n
- it comprises only indications or signs that designate the kind, quality, quantity purpose, time of production, value, geographical origin or other characteristics of the goods or services;<\/li>\n
- it consists of signs or indications that have become customary in the language or in the practices of the trade.<\/li>\n<\/ul>\n
The grounds, other than the first, may not be an obstacle if it can be shown that the mark is distinctive in character as a result of usage prior to the application date.<\/p>\n
A mark cannot be registered if it consists entirely of a shape arising from the nature of the goods, or which is necessary or gives it value.<\/p>\n
A mark which is deceptive or is contrary to public policy may not be registered. Certain marks may not be registered because they are prohibited by various other laws. Many public or State emblems and symbols may not be used without the consent of the relevant \u00a0Government Department. The national flag may not be used as part of an emblem if it is misleading or offensive.<\/p>\n
Marks that are illegal on general grounds, such as under equality and anti-discrimination laws (e.g., race, religion, gender etc. ) would not be permitted.<\/p>\n
<\/span>Grounds of Objection<\/span><\/h3>\nThe following \u201crelative\u201d grounds of objection may be raised in an application of registration or by way of defence to a claim of infringement.<\/p>\n