STATUTORY INSTRUMENTS
S.I. No. 621 of 2007
————————
TRADE MARKS (AMENDMENT) RULES 2007
(Prn. A7/1686)2[621]
S.I. No. 621 of 2007
TRADE MARKS (AMENDMENT) RULES 2007
I, MICHAEL AHERN, Minister of State at the Department of Enterprise,
Trade and Employment, in exercise of the powers conferred on me by section81 of the Trade Marks Act 1996 (No. 6 of 1996), as adapted by the Enterpriseand Employment (Alteration of Name of Department and Title of Minister)Order 1997 (S.I. No. 305 of 1997), and the Enterprise, Trade and Employment(Delegation of Ministerial Functions) (No. 4) Order 2007 (S.I. No. 562 of 2007),hereby make the following rules:
Citation.
1. These Rules may be cited as the Trade Marks (Amendment) Rules 2007.
Definition.
2. In these Rules, “Rules” means the Trade Marks Rules 1996 (S.I. No. 199
of 1996).
Amendment of Rule 10 of Rules.
3. Rule 10 of the Rules is amended, in paragraph (1)( a), by substituting “in
the European Community” for “in the State”.
Amendment of Rule 51 of Rules.
4. Rule 51 of the Rules is amended—
(a) in paragraph (1)—
(i) by substituting the following subparagraphs for subparagraphs ( a)
and ( b):
“(a) in case the applicant is an individual, the full name,
date of birth, nationality and private address of theindividual and the name or style under which he orshe proposes to carry on business as a registered trademark agent (if other than his or her full name),
(b) in case the applicant is a partnership, the full name,
date of birth and nationality of each of the partners,the name or style under which the partnership pro-poses to carry on business as a registered trade markagent, and a statement that all the partners are regis-tered in the Register of Trade Mark Agents,”, and
(ii) in subparagraph ( c), by substituting “applicant” for “applicant car-
ries on or”, and
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiu ´il” of 14th September , 2007.[621] 3
(iii) by substituting the following subparagraph for subparagraph ( d):
“(d) full particulars of the educational and professional
qualifications of the person.”,
and
(b) by adding the following paragraphs:
“(4) The Board shall—
(a) fix the time and place for the conducting of any examination
referred to in paragraph (3),
(b) appoint one or more examiners to conduct any such examin-
ation, and
(c) make such other arrangements as may be necessary in
relation to any such examination.
(5) The consideration of applications for registration shall be carried
out, and any necessary examination for that purpose shall be conduc-ted, as expeditiously as is practicable having regard to the number ofapplications received in the period concerned.
(6) Subject to paragraph (7), a person shall not be entered in the
Register of Trade Mark Agents unless he or she has—
(a) (i) sat a Leaving Certificate Examination conducted by the
State Examinations Commission and attained, on thebasis of the standards applied by that Commission at thetime of the conducting thereof, results that constituted,at least, a pass at ordinary level in that examination, or
(ii) attained a qualification which, in the opinion of the
Board, is of equivalent standing, and
(b) a satisfactory knowledge of the law and practice of trade
marks.
(7) However, if it is otherwise satisfied, in light of the educational
and professional qualifications which the applicant possesses, that theapplicant is fit to perform the professional duties of a registered trademark agent, the Board may waive the requirement in paragraph (6)( a)
for the purpose of the consideration by it of any application.”.
Evidence of qualifications, etc.
5. The following Rules are inserted after Rule 51 of the Rules:
“Evidence of qualifications, etc.
51A. The following are prescribed for the purposes of paragraphs ( a), (b) and
(c), respectively, of section 85(4B)—4[621]
(a) evidence indicating that the person referred to in section 85(4B) is
established in the Member State concerned for the purpose of pursu-ing the activities concerned,
(b) evidence of the applicable qualifications (within the meaning of
section 85) being—
(i) evidence such as a copy of a diploma or certificate, or
(ii) other evidence of formal qualifications, awarded by the competent
authority of the Member State concerned which indicates that theperson referred to in section 85(4B) is qualified to act as a trademark agent in that state, and
(c) in a case falling—
(i) within paragraph ( c)(i), a copy of a passport, national identity card
or other proof of nationality, or
(ii) within paragraph ( c)(ii), to the extent that proof of the matters
referred to in the following clauses is not provided by the evi-dence referred to in paragraph ( a)—
(I) a copy of a certificate of incorporation, an entry in a relevant
register or other proof of the possession of the requiredlegal personality,
(II) a copy of a certificate or an entry in a relevant register specify-
ing the location of the person’s registered office, centraladministration or principal place of business or other proofof its location.
Controller to be informed of certain change of circumstances.
51B. If, subsequent to the provision by a person to the Controller of such
evidence as is referred to in section 85(4B), there is any material change ofcircumstances affecting the person’s continuing to be qualified to act as a trademark agent in the Member State concerned, the person shall, forthwith, notifythe Controller in writing of that change of circumstances.”.
Amendment of Rule 59 of Rules.
6. Rule 59 of the Rules is amended—
(a) in paragraph ( d), by substituting “restored;” for “restored.”, and
(b) by inserting the following after paragraph ( d):
“(e) any person who no longer satisfies the requirements of
section 85(4A);
(f) a person referred to in section 85(4B) who does not comply
with Rule 51A or 51B.”.[621] 5
GIVEN under my hand,
5 September 2007
MICHAEL AHERN,
Minister of State at the Department of Enterprise, Trade
and Employment.6[621]
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal
interpretation)
These Rules set out the evidential requirements with which a person established
in another Member State of the European Community and qualified to actunder the law of that State as a trade mark agent must comply in order to actfor another person in relation to trade mark matters before the Controller ofPatents, Designs and Trade Marks. They also set down the minimum edu-cational qualifications a person must have in order to apply for registration inthe register of Trade Mark Agents in Ireland and clarify certain functions to becarried out by the Trade Mark Agents Board.BAILE A ´THA CLIATH
ARNA FHOILSIU ´AG OIFIG AN tSOLA ´THAIR
Le ceannach dı ´reach o ´n
OIFIG DHI ´OLTA FOILSEACHA ´N RIALTAIS,
TEACH SUN ALLIANCE, SRA ´ID THEACH LAIGHEAN, BAILE A ´THA CLIATH 2
no´trı´d an bpost o ´
FOILSEACHA ´IN RIALTAIS, AN RANNO ´G POST-TRA ´CHTA,
51 FAICHE STIABHNA, BAILE A ´THA CLIATH 2
(Teil: 01 - 6476834/35/36/37; Fax: 01 - 6476843)
no´trı´aon dı ´olto´ir leabhar.
——————
DUBLIN
PUBLISHED BY THE STATIONERY OFFICE
To be purchased directly from the
GOVERNMENT PUBLICATIONS SALE OFFICE
SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2
or by mail order from
GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION,
51 ST. STEPHEN’S GREEN, DUBLIN 2
(Tel: 01-6476834/35/36/37; Fax: 01-6476843)
or through any bookseller.
——————
\2.54
9781406433098ISBN 1-4064-3309-8
Wt. (B25581). 295. 9/07. Cahill. Gr. 30-15.