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

Trade Marks Act, 1996 (Section 66) Regulations, 2001 (S.I. No. 9 of 2001)
The purpose of these Regulations is to enable certain details regarding the seniority of Community trade marks to be recorded in the Register of Trade Marks. Community trade marks are valid in all EU Member States. They are registered by the Office of Harmonisation in the Internal Market (OHIM) based in Alicante, Spain. In some cases, a trade mark has already been registered in an EU member State when an application for a Community trade mark is filed. In such cases there is provision under the Community Trade Mark Regulation for a claim to be made for the Community trade mark to assume the rights of the earlier national trade mark with effect from the date of national registration. This is known as “seniority”. Seniority may be claimed in connection with a Community trade mark application at the time of, or within two months of, the filing date of the application. OHIM notifies national Patents Offices of such seniority claims. These Regulations provide, in the case of seniority in respect of earlier Irish trade marks, for the Controller of Patents, Designs and Trade Marks to record such claims in the Register of Trade Marks. This provision will enable any person to know, by inspecting the Register of Trade Marks, whether the seniority of an earlier Irish trade mark has been claimed in a particular Community trade mark application. If a trade mark holder fails to claim seniority within 2 months of submitting an application for a Community trade mark, there is a further opportunity to claim seniority but only after the mark has been registered. Provision to record seniority claims in these circumstances has already been made in a Regulation last year (Trade Marks Act, 1996 (Community Trade Mark) Regulations, 2000 ( S.I. No. 229 of 2000 )).
Intellectual Property Unit, Department of Enterprise, Trade & Employment,