Trade Mark Applications; Changes to Procedure
The Irish Patents Office which administers Trade Mark applications in Ireland recently announced some changes to their system. The changes are highlighted in the Trade Marks (Amendments) Rules 2010. Full details can be found on their website, www.patentsoffice.ie
The key changes are as follows;
A Series of Trade Marks is essentially a number of marks that resemble each other in all material ways and they only differ in respect of non-distinctive ways that do not materially affect their identity. Up until now there was no upper limit on the number of marks that could form part of the series but there is now an upper limit of six in any one registration. Additional fees will arise for the third mark and any subsequent marks that make up the series.
The procedure in Trade Mark Oppositions has now also been amended so that parties may now just file written submissions and do not have to attend the oral hearing. Parties can now have their Trade Mark Attorney or barrister draft their legal arguments and statement of opinion and then file and submit this via a Statutory Declaration on their behalf. This new procedure should reduce costs and may reduce delays.
The new procedure adopted by the Patents Office in proceedings for a Declaration of Invalidity will now closely mimic the procedure for Oppositions. The party seeking such a Declaration will file a Notice of Opposition and now both parties can either appear at an oral hearing or just make written submissions as in a Trade Mark Opposition application.
Brian Moloney
Trade Mark Attorney
28th October, 2010