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Trade Mark Legislation

Unofficial consolidated trade marks legislation

An unofficial consolidated copy of the principal trade mark legislation Trade Marks Act 1996 and supporting Trade Mark Rules 1996 which identified each amendment by separate colour is produced here as a reference document only. 

Trade marks primary legislation effective in Ireland

Primary legislation

Trade marks secondary legislation

Secondary legislation on trade marks consists of statutory instruments (SI) that fall into one of the following categories:

  • Trade Marks Rules and subsequent amendments
  • Regulations implementing EU trade marks legislation into Irish law
  • Commencements Orders, fee changes, etc.

SIs, Rules, Fees and Commencement Orders made under the primary legislation are available to view under the Principal Act on the Irish Statute Book: Trade Marks Act 1996

Regulations implementing EU trade marks legislation into Irish law

EU trade mark legislation

International Agreements or Treaties effective in Ireland

Singapore Treaty on the law of trade marks

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trade mark registration procedures. Building on the Trade Mark Law Treaty of 1994 (TLT), the Singapore Treaty has a wider scope of application and addresses more recent developments in the field of communication technologies.

Madrid Agreement concerning the International registration of marks

The Madrid Protocol is an international agreement under the aegis of the World Intellectual Property Organisation (WIPO). Its effect is to allow people and companies to submit a single application for a trade mark, through their own national Offices, designating any or all countries that are party to the agreement.

Nice Agreement concerning the International classification of goods and services for the purposes of the registration of marks

The Nice Agreement establishes a classification of goods and services for the purposes of registering trade marks and service marks (the Nice Classification). The trade mark offices of Contracting States must indicate, in official documents and publications in connection with each registration, the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.

Trade Mark Law Treaty (TLT)

The aim of the Trade Mark Law Treaty (TLT) is to standardize and streamline national and regional trade mark registration procedures. This is achieved through the simplification and harmonization of certain features of those procedures, thus making trademark applications and the administration of trademark registrations in multiple jurisdictions less complex and more predictable.

Paris Convention for the Protection of Industrial Property

The Paris Convention, adopted in 1883, applies to industrial property in the widest sense, including patentstrademarksindustrial designs, utility models, service marks, trade names, geographical indications and the repression of unfair competition. This international agreement was the first major step taken to help creators ensure that their intellectual works were protected in other countries.

Trade Related Aspects of International Property Rights (TRIPS) (1994)

TRIPS relates to the inclusion of certain intellectual property rights, including Trade Mark protection, under the auspices of the World Trade Organisation (WTO). It ensures a minimum threshold of IP rights applies in all member states that are members of the WTO.