   
  
IP/N/1/IRL/3  
IP/N/1/IRL/T/3  
16 February 2023  
(23-1105)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
IRELAND : TRADE MARKS ACT, 1996 (COMMUNITY TRADE MARK) REGULATIONS, 2000  
(S.I. NO. 229/2000)  
Notifying Member  IRELAND  
 
Details of the notified legal text  
 
Title Trade Marks Act, 1996 (Community Trade Mark) Regulations, 2000 
(S.I. No. 229/2000)  
Subject matter  Trademarks  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2023/IP/IRL/23_1110_00_e.pdf  
Notification status  [  ] First notification  
[X] Amendment or revision to notified legal text  
[  ] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/IRL/2, IP/N/1/IRL/T/2  
Brief description of the notified legal text  
 
The Office for Harmonisation in the Internal Market (OHIM), based in Alicante, Spain, is primarily 
engaged in the registration of Community trademarks which are valid in all EU member States . The 
Community trademark system was introduced in April 1996. It co-exists with nationally registered 
trademarks. Having regard to the co -existence of Community trademarks and national trademarks, 
these Regulations introduce certain technical provisions.  
 
Under Community trademark law a Community trademark may claim the  seniority of an earlier 
trademark 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 trademark 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 trademark, these Regulations 
provide that applications for revocation or invalidity of registered trademarks may be made 
a posteriori  — i.e., after the registered marks are removed under section 48 or surrendered under 
section 50.  
 IP/N/1/IRL/3 • IP/N/1/IRL/T/3  
 
- 2 - 
 
  For the purpose of conversion applications the existing statutory rights of privileged communications 
between a person and his/her registered trademark agent will be extended to a professional 
representative with respect to Community trademarks.  
 
The Reg ulations 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 trademark as well as a registered t rademark.  
 
The Regulations designate the High Court as a Community trademark court of first instance and the 
Supreme Court as a Community trademark court of second instance.  
 
Where the Controller decides that the conversion of a Community trademark or Community 
trademark application is admissible, it will be treated as a national trademark 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 Com munity 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.  
 
Language(s) of 
notified legal text English  
Entry into force  20 July 2000  
Other date   Issuance by legislature or executive: 14 July 2000  
 
Notification details  
 
Submission date 
of notification  13 February 2023  
Other information  Enforcement of IP and Related Laws, IP Regulatory Body  
Agency or 
authority 
responsible  Intellectual Property Unit  
Department of Enterprise, Trade and Employment  
trademarks@enterprise.gov.ie  
 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.  