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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
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Ireland opts to retain relative grounds examinations

The Republic of Ireland's Department of Enterprise, Trade and Innovation has announced  that, following consultation with interested parties, Ireland is to retain its current practice of examining the registrability of applied-for trade marks on relative grounds.  According to the Department, 

"The outcome of the consultation process is to retain the status quo. 

The international community is still divided on this matter, with different regimes currently operating in the various National Intellectual Property Offices. Developments in this area will be closely monitored and the need for any appropriate changes will be kept under review. On balance it is considered that retaining the status quo, for trade mark examination in Ireland, is the preferred option at this time. While a move to a ‘search and notify’ system would position the Patents Office alongside OHIM it would mean that, in the face of no response from prior rights holders (for whatever reason), the Office would end up registering marks that fail to perform the fundamental function required in Section 6(1) of the Act. There would not be any guarantee of origin and the integrity of the Register would be compromised".

Information supplied by Niamh Hall (FR Kelly, Dublin).

Posted by: Blog Administrator @ 09.29
Tags: Ireland, relative grounds examinations,
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA1898

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

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