Register a Trade Mark in Ireland: Step-by-Step Process for Businesses
In today’s competitive market, protecting your brand is vital. One of the most effective ways to safeguard your business identity is by registering a trade mark. In Ireland, this process is governed by the Register a trade mark in Ireland (IPOI) and provides legal protection against unauthorized use of your brand elements. Whether you’re a startup or a well-established company, registering your trade mark is a smart move.
This article outlines the step-by-step process to register a trade mark in Ireland, along with key tips and considerations to help you navigate the system effectively.
What Is a Trade Mark?
A trade mark is any sign capable of distinguishing the goods or services of one business from those of another. It can consist of:
- Words
- Logos
- Slogans
- Shapes
- Sounds
- Colours
- A combination of the above
Once registered, a trade mark gives its owner the exclusive right to use the mark in relation to the goods or services it covers.
Benefits of Registering a Trade Mark
Registering your trade mark offers several advantages:
- Exclusive rights to use the mark in Ireland
- Legal protection against infringement
- Asset value – trade marks can be sold or licensed
- Brand recognition – builds consumer trust and loyalty
- Deters competitors from using similar names or logos
Step-by-Step Guide to Register a Trade Mark in Ireland
Here’s a detailed breakdown of the trade mark registration process in Ireland:
Step 1: Conduct a Trade Mark Search
Before you apply, it’s essential to ensure your trade mark is unique.
Why this step is important:
- Avoids potential legal conflicts
- Ensures your mark is not already in use
- Saves time and money in the long run
How to do it:
- Visit the IPOI Trade Mark Database and search for similar or identical trade marks
- Consider checking EUIPO and WIPO databases if you plan to expand internationally
Pro tip: Hire a trade mark attorney for a thorough search and legal opinion.
Step 2: Determine the Class of Goods or Services
Trade marks are registered under specific Nice Classification classes. You must accurately identify the class(es) relevant to your business.
Examples of trade mark classes:
- Class 25: Clothing, footwear, headgear
- Class 9: Software, electronics
- Class 35: Advertising, business management
Why this matters:
- Protection only applies to the class you register
- Misclassification can weaken your rights
Helpful tip: You can register under multiple classes, but additional fees apply.
Step 3: Prepare Your Application
You’ll need to submit specific details when applying:
Required information:
- Applicant’s name and address
- A clear representation of the trade mark
- A list of goods or services (with appropriate classes)
- Priority claim details (if applicable)
Optional details:
- Translation or transliteration if the mark contains foreign characters
- Description of the mark (e.g., for non-traditional marks like sounds)
Make sure the mark is clear and distinct – avoid overly descriptive or generic terms.
Step 4: File the Application with the IPOI
You can submit your application online or via post to the Intellectual Property Office of Ireland.
Filing methods:
- Online: Fastest and preferred method via IPOI’s official website
- Post: Send to Intellectual Property Office of Ireland, Government Buildings, Hebron Road, Kilkenny, R95 H4XC
Fee structure (as of 2025):
- €70 per class for an online application
- €100 per class for a paper application
Note: Fees are non-refundable, even if your application is later refused.
Step 5: Examination by IPOI
Once submitted, the IPOI examines your application for:
- Formalities (complete and correct documentation)
- Absolute grounds (distinctiveness, legality)
- Relative grounds (conflict with earlier trade marks)
IPOI may raise objections such as:
- The mark is too generic
- It’s confusingly similar to an existing mark
- It contains prohibited symbols or terms
What happens if objections are raised?
- You’ll receive a written report
- You can respond within a set time frame
- Amendments or clarifications may be requested
Tip: Early legal consultation can reduce the chance of refusal.
Step 6: Publication in the Official Journal
If the IPOI accepts your application, it will be published in the Official Trade Marks Journal.
Why is this important?
- It opens a three-month opposition period
- Third parties can oppose the registration if they believe it infringes on their rights
What happens if opposition occurs?
- The IPOI initiates a formal process
- Both sides can present arguments
- A decision is made after review
Tip: Many applications proceed without opposition, especially if a prior search was done thoroughly.
Step 7: Registration and Certificate Issuance
If no opposition is filed or if the opposition is resolved in your favour, your trade mark is officially registered.
You will receive:
- A certificate of registration
- Protection for 10 years (renewable indefinitely every 10 years)
Key rights granted:
- Exclusive use in the registered class(es)
- Ability to take legal action against infringers
- Right to use ® symbol (registered trade mark)
Common Mistakes to Avoid
- Skipping the trade mark search: Leads to costly objections or legal disputes
- Choosing a weak mark: Generic or descriptive names may not qualify
- Wrong classification: Reduces the effectiveness of your protection
- Missing deadlines: IPOI has strict timelines for responding to objections and renewals
- DIY approach without advice: Professional guidance can save time and reduce rejection risks
How Long Does It Take?
- Initial examination: Usually within 1–2 months
- Publication period: 3 months
- Total time: On average, 6–9 months if there are no complications
Can You Register a Trade Mark Internationally from Ireland?
Yes! If you plan to expand beyond Ireland, consider:
EU Trade Mark (EUTM)
- Covers all 27 EU countries
- Handled by EUIPO
- More expensive, but broader protection
International Registration (Madrid Protocol)
- File through IPOI and extend protection to multiple countries
- Efficient and centralized system
- Country-specific fees apply
When Should You Register?
Ideally, as early as possible, even before launching your product or service.
Early registration helps you:
- Avoid rebranding costs
- Protect your market share
- Strengthen your brand’s credibility with partners and investors
Hiring a Trade Mark Attorney: Is It Necessary?
While it’s not mandatory, working with a professional can:
- Increase your chances of approval
- Help with drafting and classification
- Manage opposition and legal responses
This is especially important for complex marks or international filings.
Conclusion
Trademark solicitor in Ireland is a smart investment in your business’s identity and growth. It provides the legal foundation for protecting your brand, deterring copycats, and building consumer trust.
By following this step-by-step guide—starting with a thorough trade mark search and ending with your registration certificate—you’ll set your business on a strong legal footing. Whether you’re launching a tech startup, opening a clothing brand, or offering services, securing your trade mark is a proactive move that pays off in the long run.