TUESDAY, 21 SEPTEMBER 2010
New Irish rules and application form in effect from 4 October
Ireland's new Trade Marks (Amendment) Rules 2010 come into effect on 4 October 2010.  They will modernise trade mark proceedings before the Patents Office in several ways.  In particular,

* a new procedure gives parties to an opposition the option to file written submissions in lieu of attending a hearing.  

* procedures for an application for a declaration of invalidity have been substantially amended, to align them with opposition procedures. Accordingly an invalidity action will involves filing a notice of opposition/counter-statement by way of defence; evidence in support of the action by the applicant for invalidity; evidence by the proprietor of the contested mark; evidence in reply by the applicant for invalidity; and further evidence, with the leave of the Office.  

* the number of marks which may appear in a series is to be limited to a maximum of six marks.  

* the merger of an applicant or proprietor company with a separate company will now be capable of being dealt with like an assignment, rather than as an amendment to the register.

* the deadline to request a hearing has been extended from 10 days to 21 days.

* a new application form now allows the applicant to  declare that it is using the mark or has a good-faith intention to use it, rather than having to choose between the two options. 

Source: "Trademark proceedings to be modernised" by Niamh Hall (RKelly, Dublin), published in World Trademark Review, 17 September 2010. 

Posted by: Jeremy Phillips @ 22.28
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