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Dáil Éireann debate -
Wednesday, 11 Oct 1978

Vol. 308 No. 1

Written Answers. - Trademark Applications.

470.

asked the Minister for Industry, Commerce and Energy the annual average number of applications for certification of trade marks rejected by the Controller; and, having regard to the number of trade and service organisations which in the public interest use logos and other devices for the identification of their standards and services, if he will introduce legislation to provide for a system of service mark registration.

I assume that the Deputy is referring to applications for registration of trade marks rejected by the controller. The information is not available in the form requested because applications are determined by either registration or abandonment. The annual average number of trade mark applications abandoned in the five year period ended 31 December 1977 was 606. New applications for registration in the same period averaged 3,426 per year.

I do not propose at the present time to introduce legislation for a system of service mark registration. Discussions are taking place between representatives of the EEC Commission and the member states with a view to the formulation of a system of trade mark law providing for the registration of a Community Trade Mark in respect of both goods and services. The introduction of this law will also involve the harmonisation of the national trade marks law of the member states. Because of the technical nature of the discussions and the complexities involved it is unlikely that the Community Trade Mark will become a reality for some years to come. It would be undesirable to consider amending the Trade Marks Act, 1963, to extend registration to service marks until more concrete proposals emerge as a result of the continuing EEC negotiations.

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