Rejected! Common Issues that arise in Trade Mark Applications in Ireland

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When applying for a trade mark with the Intellectual Property Office of Ireland, certain mistakes can lead to a refusal.

Here are some common reasons for refusal and how you can avoid them:-

Distinctiveness

Your trade mark must be unique and distinguish your goods or services from those of other businesses. Generic or common terms won’t be accepted.

Descriptive Marks

Marks that simply describe your goods or services are not registrable. You need to get creative – think unique!

Similarity to Existing Marks

Your mark cannot be similar to an already registered trade mark. Always perform a thorough search to ensure no conflicts.

Non-Compliance with Formalities

Ensure your application is complete, with a clear representative of your mark, appropriate classification as any missing information can lead to rejection and you cannot amend your application once submitted – save only in very limited circumstances.

Offensive Marks

Trade marks that are offensive or immoral will not be accepted by the IPOI.

Contact

Niamh Gibney Partner & Trade Mark Attorney Gibney Hogan LLP Law Firm – Dublin, Ireland

Niamh Gibney

Partner & Trade Mark Attorney

A practical, approachable, responsive and knowledgeable commercial lawyer, Niamh excels in her field. She takes immense pride in her work and the relationships she cultivates along the way. Niamh’s unwavering dedication to client service coupled with her persistence and tenacity in negotiations, ensure that she always represents her clients’ best interests.