Trade Marks Act, 1963

Permanent Page URL

/static/images/base/harp.jpg

Number 9 of 1963.

TRADE MARKS ACT, 1963.

ARRANGEMENT OF SECTIONS

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation.
3.	Power of Minister to make rules.
4.	Fees.
5.	Exercise of powers of Minister.
6.	Excluded days.
7.	Expenses.
8.	Repeal and savings.

PART II

Provisions Relating to Registration

9.	The register of trade marks.
10.	No action for infringement of unregistered trade mark.
11.	Registration to be in respect of particular goods.
12.	Right given by registration in Part A and infringement thereof.
13.	Right given by registration in Part B and infringement thereof.
14.	Infringement by breach of certain restrictions.
15.	Saving for vested rights.
16.	Saving for use of name, address or description of goods.
17.	Distinctiveness requisite for registration in Part A.
18.	Capability of distinguishing requisite for registration in Part B.
19.	Prohibition of registration of deceptive and certain other matter.
20.	Prohibition of registration of identical and resembling trade marks.
21.	Registration in Part A to be conclusive as to validity after seven years.
22.	Registration subject to disclaimer.
23.	Word trade mark used as name of article or substance.
24.	Effect of limitation as to colour and of absence thereof.
25.	Application for registration.
26.	Opposition to registration.
27.	Registration.
28.	Duration and renewal of registration.
29.	Registration of parts of trade marks and of trade marks as a series.
30.	Powers of and restrictions on assignment and transmission.
31.	Certain trade marks to be associated so as to be assignable and transmissible as a whole only.
32.	Power of registered proprietor to assign and give receipts.
33.	Registration of assignments and transmissions.
34.	Removal from the register and imposition of limitations on ground of non-use.
35.	Defensive trade marks.
36.	Registered users.
37.	Proposed use of trade mark by corporation to be constituted.
38.	Use of one of associated or substantially identical trade marks equivalent to use of another.
39.	Use of trade mark for export trade.
40.	General power to rectify entries in register.
41.	Power to expunge or vary registration for breach of condition.
42.	Correction of register.
43.	Alteration of registered trade mark.
44.	Adaptation of entries in register to amended or substituted classification of goods.
45.	Certification trade marks.
46.	Registration of marks by Ministers.
47.	Misuse of trade marks indicative of Irish origin.

PART III

Provisions Relating to Powers and Duties of Controller and to Legal Proceedings

48.	Preliminary advice by Controller as to distinctiveness.
49.	Controller may consult Attorney General.
50.	Hearing before exercise of Controller's discretion.
51.	Power of Controller to award costs.
52.	Registration to be prima facie evidence of validity.
53.	Certificate of validity.
54.	Costs of the Controller in Court proceedings.
55.	Trade usage and other matters to be considered.
56.	Controller's appearance in proceedings.
57.	Appeal to the Court.
58.	Court's power to review Controller's decision.
59.	Procedure in cases of option to apply to Court or Controller.
60.	Mode of giving evidence.
61.	Evidence of entries in register.
62.	Evidence of things done by Controller.

PART IV

Miscellaneous

FIRST SCHEDULE

SECOND SCHEDULE

Acts Referred to
INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927	1927, No. 16
Partnership Act, 1890	1890, c. 39
Public Offices Fees Act, 1879	1879, c. 58
Irish Nationality and Citizenship Act, 1956	1956, No. 26
Solicitors Act, 1954	1954, No. 36
Petty Sessions (Ireland) Act, 1851	1851, c. 93

/static/images/base/harp.jpg

Number 9 of 1963.

TRADE MARKS ACT, 1963.

AN ACT TO MAKE NEW PROVISION IN RESPECT OF TRADE MARKS AND RELATED MATTERS, IN SUBSTITUTION FOR THE PROVISIONS OF PART IV AND (SO FAR AS IT RELATES TO TRADE MARKS) PART V OF THE INDUSTRIAL AND COMMERCIAL PROPERTY (PROTECTION) ACT, 1927 , AND OTHER ENACTMENTS RELATING THERETO, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3rd April, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Trade Marks Act, 1963 Permanent Page URL

Trade Marks Act, 1963

Permanent Page URL