A trade mark is registered in the register of trade marks and service marks if:
- the decision to register a trade mark has not been appealed or the applicant’s right to the published trade mark has not been contested and information concerning payment of the state fee has been submitted within four months from the reception of the notification of registration of the trade mark or
- regardless of the appeal or the contestation, the decision to register a trade mark and the applicant’s right for the published trade mark remain in force and information concerning payment of the state fee for the registration is submitted within two months from the date of entry into force of the final decision.
When making a trade mark registration, it is important to know that if the document concerning payment of the state fee is not submitted by the due date, the application is considered withdrawn.
However, if the application is considered withdrawn, the applicant requesting legal protection for a trade mark has the right to request that processing be resumed if acts required by law have not been carried out due to force majeure or another impediment unforeseen by the applicant or a representative of the applicant. It has to be kept in mind that the request for the processing to be resumed can be filed within six months after the due date for the act that was not carried out.
If the trade mark is registered, all data on the registration set out in the subsection 48 (2) of the Trade Marks Act will be entered into the register and published in an official publication of the Patent Office.
After entry of a trade mark in the register, the Patent Office issues a certificate of registration to the proprietor of the trade mark within 20 working days. Regardless of the number of proprietors of a trade mark, only one certificate can be issued.
The state fee for entering the trade mark into the register is €45 according to subsection 102 (1) of the State Fees Act. Documents concerning payment of the state fee have to be submitted to the Reception of the Patent Office.