Irish trademark law overhauled for first time in over 20 years
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Irish trademark law has been overhauled for the first time in over two decades following the transposition of an EU directive into Irish law.
Four statutory instruments transposing EU Directive 2015/2436 into Irish law took effect on Monday:
- European Union (Trade Marks) Regulations 2018 (S.I. No. 561 of 2018)
- Trade Marks (Amendment) Rules 2018 (S.I. No. 562 of 2018)
- Trade Marks Act, 1996 (Community Trade Mark) (Amendment) Regulations 2018 (S.I. No. 563 of 2018)
- Patents, Trade Marks And Designs (Fees) (Amendment) Rules 2018 (S.I. No. 564 of 2018)
The Directive is intended to reform and modernise the trademark system in Europe by further harmonising the national laws of EU member states; streamlining procedures; facilitating cooperation; supporting anti-counterfeiting measures; and providing up-to-date means by which to protect a trademark.
Business Minister Heather Humphreys said: “The reforms to the trademark system are intended to make national and EU trademark law fit for the challenges of business in the 21st century.
“They include a wide range of innovations, both legal and technical, which will mean more efficiency for businesses. In practice, this translates into lower costs, greater predictability and more legal certainty.”
In Europe, a trademark can be registered at national level at the IP offices of member states, or at EU level as an EU Trade Mark (EUTM) at the EU Intellectual Property Office (EUIPO).
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