How to Protect Your Business Name in Ireland: Trademarks Explained (2026)

Last updated 9 October 2026. General information only, not legal advice.

You’ve built a brand. People know your name, recognise your logo, and associate both with quality. But without a registered trademark, you have no exclusive legal right to that name or logo — and someone else could start using something identical or confusingly similar, potentially in direct competition with you. This guide explains how to protect your business name and brand in Ireland through trademark registration.

What Is a Trademark?

A trademark is a sign that distinguishes your goods or services from those of other traders. It can be a word, name, logo, slogan, shape, colour, or combination of these. Once registered, a trademark gives you the exclusive legal right to use it in connection with the goods or services it is registered for — and the legal tools to stop others from using it without your permission.

Company Registration vs Trademark Registration — What’s the Difference?

This is one of the most common misconceptions among Irish business owners. Registering a company name with the CRO does not give you trademark rights. It simply means another company cannot be incorporated under the same name. Someone else can trade under a very similar name, operate a website, or build a brand — unless you have a registered trademark. Similarly, registering a domain name does not give you trademark rights.

Trademark registration with the Intellectual Property Office of Ireland (IPOI) is what gives you real, enforceable brand protection.

Benefits of Registering Your Trademark in Ireland

• Exclusive rights: You have the exclusive right to use the mark for the registered goods and services in Ireland
• Legal protection: You can sue for infringement and seek injunctions, damages, and an account of profits against copycats
• Business asset: A registered trademark is a tangible, valuable business asset that can be licensed or sold
• ® symbol: You can use the ® symbol, which signals established brand ownership
• 10-year protection: Renewable indefinitely every 10 years
• Deterrence: A trademark registration appears in searches, deterring others from adopting a similar mark

Irish Trademark vs EU Trademark

You have two main options for registering your trademark:

• Irish trademark (IPOI): Protects your mark in Ireland only. Current application fee is €70 for one class
• EU trademark (EUIPO): A single application protects your mark across all 27 EU member states. More cost-effective if you trade or plan to trade in Europe. Current application fee is €850 for one class

For most Irish businesses with European ambitions, an EU trademark provides better value and broader protection. The solicitor you instruct will advise on the right approach for your business.

Fees, Timing and Using the Symbols

The IPOI application fee is €70, and each additional class costs a further €70. Renewal is due every ten years and costs €250 per mark, plus €125 for each additional class (IPOI statutory fees page). If the examiner raises no objections and nobody opposes, registration normally takes around six months, although objections or an opposition can extend that. For an EU trade mark, the EUIPO online fee is €850 for the first class, €50 for the second and €150 for each further class. Always check the current fees with the IPOI or EUIPO before you apply, as fees can change.

Only a registered trade mark may carry the ® symbol. The “TM” symbol can be used whether or not your mark is registered, but it does not give you the rights of a registration.

Opposition and Unregistered Marks

Once your mark is published, anyone with an earlier right can file a Notice of Opposition within three months, and the IPOI says this period cannot be extended. The fee to oppose is €60. If you spot a conflicting application, the IPOI suggests writing to the applicant first to ask them to withdraw, which may avoid the cost of formal proceedings.

You do not have to register a mark to use it, but the IPOI notes that an unregistered mark can be much more difficult and expensive to protect if a dispute arises. Designs and other IP rights are covered in our guide to registered designs and IP protection in Ireland, and our business set-up legal checklist shows where brand protection fits when you start trading.

The Trademark Registration Process in Ireland

1. Clearance search: Before applying, conduct thorough searches to identify any existing marks that could conflict with yours — including identical marks, similar marks, and earlier rights
2. Class selection: Trademarks are registered in classes under the Nice Classification system. You must specify which class(es) of goods and services your mark covers — getting this right is critical
3. Application filing: Submit the application to the IPOI (or EUIPO for an EU trademark)
4. Examination: The IPOI examines the application for absolute grounds of refusal (e.g., descriptiveness, lack of distinctiveness)
5. Publication: If accepted, the mark is published in the Journal of the Intellectual Property Office of Ireland, giving third parties an opportunity to oppose within 3 months
6. Registration: If no opposition is filed (or any opposition is overcome), the mark is registered and the certificate issued

Common Reasons Trademark Applications Are Refused

• The mark is too descriptive of the goods or services (e.g., “Fresh Coffee” for a coffee business)
• The mark conflicts with an existing registered trademark
• The mark consists solely of generic terms, geographical names, or laudatory words
• The specification of goods and services is too broad or incorrectly classified

Having a solicitor conduct a proper clearance search and prepare the application significantly reduces the risk of refusal or opposition.

Get Your Trademark Registered Today

We are not a solicitor’s practice and do not file trade mark applications. If you want professional help with clearance searches or filing, you can find a regulated solicitor through the Law Society of Ireland’s Find a Solicitor directory, or join our no-fee solicitor service waiting list. This guide is general information only and does not give legal advice.

Frequently asked questions

Do I have to register a trade mark to use my business name?

No. Registration is not legally required, but the IPOI notes that an unregistered mark can be much more difficult and expensive to protect if a dispute arises.

Can I use the ® symbol before my trade mark is registered?

No. The ® symbol may only be used with a registered trade mark. The “TM” symbol can be used at any time.

How long does it take to register a trade mark in Ireland?

The IPOI says registration normally takes around six months if the examiner raises no objections and the application is not opposed. Objections or opposition can extend this.

How much does it cost to renew an Irish trade mark?

Renewal is due every ten years and costs €250 per mark, with €125 for each additional class. A further six months is allowed for late renewal, with an additional fee.

This article is for informational purposes only and does not constitute legal advice.

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