Providing cross border services as a Trade Mark Agent
This information may be of assistance to Trade Mark Agents established in another EU country, who wish to provide services as a Trade Mark Agent In Ireland.
The Controller of Patents, Designs and Trade Marks within the Irish Patents Office is the Competent Authority for the following:
- Trade Mark Agents based in Ireland
- Notifications by Trade Mark Agents established in EU member State who wish to provide services in Ireland.
Information on the notification procedure required
Section 85(4A) of the Trade Marks Act, 1996 provides that a person established in a Member State of the European Community and entitled under the law of that state to act as a Trade Mark Agent, 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.
Further information on the procedure can be found here.
Information on fees and documents to be submitted
On or before the first occasion in which a person acts 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 must notify the Controller and provide to the Controller the relevant evidence. There is no fee required.
Information on documentation required can be found here.
Completing notification procedures online
The Patents Office will accept notifications and accompanying evidentiary documents which are sent by means of post and e-mail. Communication by email is preferred and will allow quicker completion of all formalities.
Notifications and attachments in pdf format should be sent to email@example.com.
Response time frame taken by Irish Patents Office
The Irish Patents Office undertakes to acknowledge enquiries from EC based agents within 2 working days.
Within 3 working days of receipt of a notification accompanied by all the correct documentation, the agent will be sent confirmation that he or she may act before the Controller.
Relevant legislation applicable
The notification requirements for EU established Trade Mark Agents intending on providing services in Ireland, are set out in the following Irish legislation:
- Trade Mark (Amendments) Rules 2007 ( S.I. No. 621 OF 2007)
- European Communities (Provision of Services concerning Trade Marks and Industrial Designs) Regulations 2007 (S.I. No 622 of 2007)
- Trade Marks Act, 1996
Please find the relevant contact details for the Irish Patents Office here.
The above is for general information purposes only. All further queries regarding this information should be directed to the competent authority listed.