Providing cross border services as a Trade Mark Agent
The control of Patents, Designs and Trade Marks is based with the Irish Patents Office.
Section 85 (4A, B and C) of the Trade Marks Act, 1996 provides that a person established in an EEA state 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. The Controller of Patents, Designs and Trade Marks is the Competent Authority for receipt of notifications by trade mark agents established in another EEA States who wish to provide services in Ireland.
The notification requirements are set out in the following statutory instruments:
Trade mark Amendment Rules - S.I. 621 2007
European Communities (Provision of Services Concerning Trade Marks and Industrial Designs) Regulations 2007 - S.I. 622 of 200
and are summarised as follows:
On or before the first occasion on 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 evidence relating to –
(i) the person’s being established in an EEA state,
evidence of establishment in another member state can be: an entry in a relevant register (companies register, commercial register, listing in a directory of a professional body) specifying the location of the person’s registered office, central administration or principal place of business or other proof of its location in an EEA state,
(ii) the person’s being qualified under the law of that state to act as a trade mark agent in that state,
evidence of qualification can be a copy of a diploma or certificate, or other evidence of formal qualifications;
(iii) in the case of an individual, a national of an EEA state the nationality of the person
a copy of a passport, national identity card or other proof of nationality;
(iv) in the case of a company or firm formed in accordance with the law of an EEA state
a copy of a certificate of incorporation or entry in a relevant register (companies register/ commercial register).
If any document furnished in compliance with the foregoing requirements is in a language other than English, then a certified translation into English must also be furnished.
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 firstname.lastname@example.org.
Response time frame taken by Irish Patents Office
The Irish Patents Office undertakes to acknowledge enquiries 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
- Patents Office Website
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 Patents Office.