Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Trade Marks Act, 1996 (Community Trade Mark) Regulations, 2000 (S.I. No. 229/2000)
The Office for Harmonisation in the Internal Market (OHIM), based in Alicante, Spain, is primarily engaged in the registration of Community trade marks which are valid in all EU Member States. The Community trade mark system was introduced in April 1996. It co-exists with nationally registered trade marks. Having regard to the co-existence of Community trade marks and national trade marks, these Regulations introduce certain technical provisions. Under Community trade mark law a Community trade mark may claim the seniority of an earlier trade mark that has been registered in the State. Where seniority has been claimed OHIM notifies the Patents Office. These Regulations provide that the Controller of Patents, Designs and Trade Marks shall record this seniority claim in the register. Seniority is maintained even after the earlier registered trade mark is removed under section 48 of the Trade Marks Act, 1996 or surrendered under section 50 of the same Act by the proprietor. In order to allow any person to challenge the seniority of a Community trade mark, these Regulations provide that applications for revocation or invalidity of registered trade marks may be made a posteriori — i.e., after the registered marks are removed under section 48 or surrendered under section 50. For the purpose of conversion applications the existing statutory rights of privileged communications between a person and his/her registered trade mark agent will be extended to a professional representative with respect to Community trade marks. The Regulations extend the provisions of section 25 of the Trade Marks Act, 1996 (which deals with infringing goods, materials or articles and the power of seizure and search in relation to such goods etc) to cover a Community trade mark as well as a registered trade mark. The Regulations designate the High Court as a Community trade mark court of first instance and the Supreme Court as a Community trade mark court of second instance. Where the Controller decides that the conversion of a Community trade mark or Community trade mark application is admissible, it will be treated as a national trade mark application. The Patents Office is designated as the central industrial property office in the State for the purposes of Articles 109 and 110 of the Community Trade Mark Regulations. Certain time limits in the Trade Mark Rules ( S.I. No. 199 of 1996 ) are amended in order to ensure that there is consistency in the methods of determining time limits.
Enforcement of IP and Related Laws, IP Regulatory Body
Intellectual Property Unit Department of Enterprise, Trade and Employment