How to trade mark a name in Ireland

Published Friday 5 June 2026

Table of contents

• What is a trade mark?
• Why register a trade mark in Ireland?
• What can and can't be trade marked?
• How much does it cost to trade mark a name in Ireland?
• How to check trade mark availability
• How to apply for a trade mark in Ireland
• Irish trade mark vs EU trade mark
• How to use and protect your trade mark
• Common mistakes when applying for a trade mark
• Protect your business name and manage your finances with Xero
• FAQs on how to trade mark a name

Key takeaways

• A trade mark protects your brand identity in Ireland, giving you legal ownership of your business name, logo or slogan so others can't use it.
• Trade marks in Ireland are registered through the Intellectual Property Office of Ireland (IPOI), with application fees starting at €70 per class and registration fees of €177 per class.
• The registration process typically takes 10 to 12 months if there are no objections, and your trade mark lasts for 10 years before renewal is needed.
• For broader protection across all EU member states, you can apply for an EU trade mark through the EUIPO as an alternative or addition to an Irish trade mark.

What is a trade mark?

A trade mark is a legal protection for part of your brand so it can't be used by someone else. It can cover a business name, logo, product name, slogan, sound or colour that helps customers recognise your goods or services.

Trade marks are everywhere. Think of the Nike tick, the word 'Google' or the Apple logo. Once your trade mark is registered, you have the legal right to stop others from using it or anything confusingly similar in the classes you've registered.

A trade mark can also help you build brand recognition and signal to customers exactly who they're buying from. It's a valuable asset that can grow alongside your business. Before choosing a trade mark, take time to consider how it fits your broader business structure and long-term plans.

What's the difference between a trade mark and a business name?

Choosing a business name and registering a trade mark are 2 separate steps, and they protect different things. Your business name is what you register with the Companies Registration Office (CRO) when you set up your business. Registering it stops others from using the same company name on the CRO register, but it doesn't stop someone from using it in their branding elsewhere.

If you're planning to build your business name into a recognisable brand, registering it as a trade mark gives you stronger legal protection. It means you can take action if another business tries to use a similar name in a way that could confuse customers.

Trade marking your name first doesn't guarantee you'll be able to register it as a business name with the CRO. Someone else may already have it registered there. Ideally, check both the CRO and the trade mark register before settling on your name.

What's the difference between a trade mark, a copyright, and a patent?

Trade marks, copyrights and patents all protect intellectual property (IP), but each covers a different type of work.

Copyright protects original creative works such as novels, music, art and software. It arises automatically when the work is created. A patent protects a new invention or process for a set period, giving the inventor exclusive rights to make, use or sell it.

A trade mark protects your brand identity: the words, symbols or designs that distinguish your goods or services from those of other businesses. Of the 3, trade marks are typically the most relevant for small business owners looking to protect their business name.

Why register a trade mark in Ireland?

Building a brand takes time and effort, so it makes sense to protect it. Registering a trade mark in Ireland through the IPOI gives you legal ownership of your brand identity in the Irish market.

The advantages of registering a trade mark include:

• Other businesses legally can't use your trade mark in the classes you've registered.
• It helps prevent customers from being misled about who they're buying from.
• It builds brand recognition, loyalty and credibility over time.
• It provides a foundation for seeking trade mark protection in other countries.
• It gives you the legal standing to take action against infringement.

There are some considerations to keep in mind before applying:

• There are costs involved, including IPOI fees and potential solicitor fees.
• A trade mark lasts 10 years, so you'll need to renew it to maintain protection.
• An Irish trade mark only protects your brand within Ireland. For broader EU coverage, apply for an EU trade mark through the European Union Intellectual Property Office (EUIPO).

What can and can't be trade marked?

Your trade mark can include words, logos, colours, sounds or a combination of these. The strongest trade marks tend to be distinctive and memorable. A completely made-up word like 'Kodak' or a word used in an unexpected context, like 'Apple' for technology, can make an excellent trade mark.

You can read more about choosing a name in how to come up with a business name.

However, there are some things that can't be trade marked. According to the IPOI's guidance on the application process, your trade mark shouldn't be:

• offensive, including swear words or pornographic images
• descriptive of the goods or services it relates to, for example the word 'sports' for a sports clothing company
• misleading, for example using 'carbon neutral' for goods that aren't carbon neutral
• an overly common or non-specific phrase
• a generic shape associated with the type of goods, for example a football shape for a football company
• a national flag or official emblem used without permission

How much does it cost to trade mark a name in Ireland?

Understanding the costs upfront helps you budget for the process. The IPOI charges fees at each stage of the trade mark registration process, and these are based on the number of classes you register in.

The main IPOI fees are:

• Application fee: €70 per class of goods or services
• Registration fee: €177 per class, payable once your trade mark is approved
• Renewal fee: €250 per mark every 10 years, plus €125 for each additional class

So for a single-class trade mark, expect to pay around €247 in IPOI fees for the initial application and registration. If you register in multiple classes, the costs increase accordingly.

You may also want to engage a trade mark agent or intellectual property solicitor to help with your application. Professional fees vary, but having expert guidance can help you avoid costly mistakes such as choosing the wrong class or filing an application that gets rejected.

If you want EU-wide protection, the EUIPO charges €850 for a single-class application. This covers all EU member states in 1 filing. This is a higher upfront cost but covers all EU member states.

How to check trade mark availability

Check whether your preferred trade mark is already in use before applying. A thorough search can save you time, money and potential legal disputes.

Start by using the IPOI's trade mark search tools to check the Irish register for identical or similar trade marks. You should also search the EUIPO database, as EU-wide trade marks are enforceable in Ireland too.

If your search reveals a similar existing trade mark, consider getting professional advice before proceeding. You can contact the IPOI for guidance. You could also consult an IP solicitor or a registered trade mark agent. Applying when a similar trade mark already exists is likely to result in a refusal. You'll lose the time and fees you've invested.

How to apply for a trade mark in Ireland

Once you've confirmed your trade mark is available, you're ready to apply. The process is handled by the IPOI and can be completed online through their e-filing system.

Before starting, choose the classes and terms for your trade mark. You'll do this using the NICE Classification system. A 'class' is a broad category of goods or services. A 'term' is more specific, for example 'sportswear' within 'clothing'.

Choose at least 1 class and 1 term relevant to your business. They should cover your needs for at least the next 5 years. Your trade mark is only valid within the classes you select.

1. Prepare your application

Detail exactly what your trade mark will be, whether it's words, a logo or a combination. Identify the classes and terms you want to register in. Having a clear, well-prepared application reduces the risk of delays or objections.

2. Pay the application fee

The IPOI charges €70 per class when you submit your application. This fee is non-refundable, so make sure your trade mark search is done before you pay.

3. Submit your application

File your application through the IPOI's online filing system or by post. Online filing is faster and allows you to track the progress of your application.

4. Wait for examination

The IPOI will examine your application and search for conflicting trade marks. If they find a potential conflict, they'll contact the existing trade mark owner directly. If there are no issues, your application will be published in the trade marks journal for a 3-month opposition period.

5. Receive your registration

If no one opposes your trade mark during the opposition period, the IPOI will officially register it and issue your certificate. The full process typically takes 10 to 12 months if there are no objections. Once registered, your trade mark is valid for 10 years.

If your trade mark is opposed, you can negotiate with the opposing party, withdraw your application or defend it legally. Many applicants find it helpful to have a solicitor assist. Trade mark law can be complex to navigate alone.

Irish trade mark vs EU trade mark

When protecting your brand, you have a choice between an Irish national trade mark and an EU trade mark. The right option depends on where your business operates and your growth plans.

An Irish trade mark is registered through the IPOI and protects your brand in Ireland only. The combined application and registration fees start at €247 per class (€70 plus €177). This is a good option if your business operates primarily within Ireland.

An EU trade mark is registered through the EUIPO and covers all EU member states in a single application. The fee starts at €850 for 1 class. If you sell or plan to sell goods or services in other EU countries, this can be more cost-effective than filing separate applications in each country.

You can hold both an Irish and an EU trade mark at the same time. Some businesses start with an Irish trade mark and add EU protection as they expand.

For protection beyond the EU, the Madrid Protocol allows you to apply for trade mark registration in multiple countries through a single international application. You can use either your Irish or EU trade mark as the basis for an international application.

How to use and protect your trade mark

Once you've received your certificate, you can start using the ® symbol next to your trade mark. This signals to others that your trade mark is legally registered and protected.

Using your trade mark consistently across your branding, packaging and marketing materials helps build recognition and strengthens your legal position. If you don't use your trade mark for 5 continuous years, it could become vulnerable to cancellation. Consider protecting your business further with the right business insurance alongside your trade mark.

After registration, you can object if anyone tries to register a trade mark that's too similar to yours. You can also sell, license or mortgage your trade mark if you choose to.

If someone uses your trade mark without your permission, that's infringement. You can seek legal advice from a solicitor who specialises in intellectual property or contact the IPOI for guidance on enforcing your trade mark rights. Acting quickly when you spot potential infringement helps protect your brand's value.

Common mistakes when applying for a trade mark

The trade mark application process is straightforward, but some common errors can lead to delays, rejections or wasted fees. Knowing what to avoid can save you time and money.

Here are some of the most common mistakes to watch out for:

• Not conducting a thorough search before applying: skipping the IPOI and EUIPO searches means you might file for a trade mark that already exists. This results in a rejected application and lost fees.
• Choosing a descriptive or generic name: trade marks that simply describe your goods or services are unlikely to be accepted. For example, 'Best Coffee' for a coffee shop would be refused.
• Selecting the wrong classes: registering in classes that don't match your goods or services leaves gaps in your protection. Registering in too many classes increases costs unnecessarily.
• Assuming your trade mark gives international protection: an Irish trade mark only protects you in Ireland. If you trade internationally, consider an EU trade mark or the Madrid Protocol.
• Not using the trade mark after registration: if you don't actively use it for 5 years, it can be challenged and potentially cancelled.

Protect your business name and manage your finances with Xero

Registering a trade mark is one part of building a strong, protected business. Keeping your finances organised is another. Xero's cloud accounting software helps small businesses in Ireland manage invoicing, expenses and bank reconciliation in one place, so you can spend less time on admin and more time growing your brand.

With features like automated bank feeds, invoice reminders and real-time reporting, Xero makes it easier to stay on top of your numbers. Get one month free.

FAQs on how to trade mark a name

Here are some frequently asked questions about how to trade mark a name in Ireland.

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

The trade mark registration process in Ireland typically takes 10 to 12 months if there are no objections. This includes the IPOI's examination of your application and a 3-month opposition period during which others can challenge your trade mark. If objections are raised, the process may take longer.

Can I trade mark a name that's already a business name?

Registering a business name with the CRO and registering a trade mark are separate processes. Having a business name registered doesn't automatically give you trade mark rights, and someone else may already hold a trade mark for a similar name. Always search the IPOI register before applying to avoid conflicts.

What's the difference between ™ and ®?

The ™ symbol can be used by anyone to indicate they consider something to be their trade mark, even without formal registration. The ® symbol can only be used once your trade mark has been officially registered with the IPOI. Using ® without a valid registration is an offence.

Do I need a solicitor to register a trade mark?

You don't legally need a solicitor to apply for a trade mark in Ireland. You can file your application directly with the IPOI through their online system. However, a solicitor or trade mark agent can help with the search, classification and application. This is especially useful if your situation is complex or if your trade mark is opposed.