In December 2015, following a process of negotiations between Member States and the EU institutions, the European Parliament and Council approved the European trade mark reform package. The new trade mark Directive and the new European Union trade mark regulation were published in the Official Journal of the European Union on 23 and 24 December 2015 respectively.
Implementation of the EU Trade Mark Directive 2015/2436 in Ireland
In Europe, a trade mark can be registered at national level at the industrial property (IP) offices of Member States, or at EU level as a European trade mark at the European Union Intellectual Property Office (EUIPO).
The transposition of this Directive into Irish law in conjunction with the European Trade Mark Regulation (EU) 2017/1001, (which entered into force on 23 March 2016), aims to foster innovation and economic growth by making trade mark registration systems all over the EU more accessible and efficient for business in terms of lower costs and complexity, increased speed, greater predictability and legal certainty. The four Statutory Instruments giving effect to the EU reform package introduce new provisions and amend certain existing provisions in Irish trade mark law. They come into effect on 14 January 2019.
- SI No 561 of 2018 European Union (Trade Marks) Regulations 2018
These Regulations, made pursuant to the European Communities Act 1972, amend and extend certain provisions of the Trade Marks Act 1996 to give statutory effect in the State to Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 amending Directive 2008/95/EC relating to trade marks and to certain provisions of Council Regulation (EU) 2017/1001 of 14 June 2017, on the European Union Trade Mark.
- SI No 562 of 2018 Trade Marks (Amendment) Rules 2018
This Statutory Instrument primarily transposes procedural matters laid down in Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 and thereby amends and extends certain provisions of secondary Irish trade mark legislation namely, the Trade Marks Rules 1996.
- SI No 563 of 2018 European Union (Trade Marks Act,1996) (Community Trade Mark) (Amendment) Regulations 2018
These Regulations amend certain technical provisions in the Community Trade Mark Regulations 2000 (SI 229/2000) (“the CTM Regulations”). The amendments are for the purpose of giving effect to technical changes in certain provisions and changes in terminology arising from Regulation (EU) 2017/1001 of the European Parliament on the European Union Trade Mark.
- SI No 564 of 2018 Patents, Trade Marks and Designs (Fees) (Amendment) Rules 2018
This Statutory Instrument introduces amendments to the Patents, Trade Marks and Designs (Fees) Rules 2001 (SI No 482 of 2001), including the introduction of a new fee of €125 for the division of a trade mark registration (which is required by Article 41 of the Directive).
Guidance Notes on SIs to give effect to Directive (EU) 2015/2436 and Regulation (EU) 2017/1001 on Trade Marks
For ease of reference, a link to the text of EU Directive 2015/2436 and EU Regulation 2017/1001 are provided below.