When an trademark application (which contains the minimum information required) is received by the Patents Office, a filing date and application number is assigned and a filing receipt is issued.
The Minimum requirements for a filing date are -
1. A request to register the Mark (completion of the prescribed application form meets this requirement);
2. The name and address of the person requesting the registration;
3. A representation of the mark;
4. A statement or list of the goods and/or services for which registration of the mark is sought (based on the Nice Classification);
5. Fee payable to the Controller of Patents, Designs and Trademarks for the sum of €70.00 in respect of initial application fee plus €177.00 in respect of registration fees.
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WILLS
Q. If there is a Will, why do I need a Grant?
All the estate of the deceased becomes frozen on death. The last will made by the deceased requires to be proven in the Probate Registry by taking out Probate. Only then may the assets be collected and distributed.
Q. Can I postpone taking out a Grant?
YES, if you are the sole beneficiary and executor. Personal Representatives are allowed an "Executor's Year" from the date of death in which to complete the administration of an estate.
Q. How long does it take to extract a Grant?
Depending on the complexity of the estate and how long the Revenue and Probate Offices take in handling the case, it could be done within twelve months. Some estates, for various reasons (e.g. problem with the drafting of a will/inability to locate a beneficiary/delays in obtaining tax clearances/complex shareholding/trust arrangements), may take longer.
Q. Can the funeral expenses be paid quickly?
If the deceased has sufficient funds in an account, facilities are often granted by concession by banks or other financial institutions to pay the funeral expenses by direct debit from this account shortly after death and before waiting for the Grant.
Q. What happens if Executors are dead?
A Grant will issue to the person next entitled which, usually, is the person entitled to the residue under the Will.
Q. If I am a beneficiary under the Will, can I get some money now?
NO, the Grant must first issue and the assets of the estate collected and all appropriate tax clearance certificates obtained prior to making any distribution of funds.
Q. If I am an Executor, what should I do about the personal belongings of the deceased?
You should ensure that they are kept safely and contact the relevant beneficiary as soon as possible.
Q. Can the dwellinghouse/lands of the Deceased be put up for sale immediately?
This can be arranged in consultation with your advisers. The taking out of the Grant should commence as soon as possible and the Contract for Sale shall require a special condition dealing with probate and capital acquisition tax.
Q. What happens about insurance on the Deceased's property?
The death of someone could materially affect or bring an end to such insurance. As personal representative, you must inform the Insurance Company about the death and make appropriate arrangements for the property to be covered after death.
Q. Do I get paid for acting as Executor?
NO, in the absence of contrary provision under the Will you are only entitled to recover from the estate out-of-pocket expenses such as reimbursement for travel, telephones, postage, etc.
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SMALL CLAIMS COURT Excluded from the small claims procedure are claims for:
a. a hire-purchase agreement
b. breach of leasing agreement
c. debts
d. personal injuries
If an error occurs while you are making an application you may visit the appropriate District Court Office or email sccadmm@courts.ie to find your local District Court Office.
The small claims procedure is limited to: a. a claim in respect of goods or services bought for private use from someone selling them in the course of a business (consumer claim). b. a claim in respect of minor damage to property (but excluding personal injuries). c. a claim in respect of the non-return of a rent deposit in relation to a holiday premises (actions relating to rent deposits for places of residence must be brought to the Private Residential Tenancies Board.) Provided that the claim does not exceed €2000.00 in each case. ------------------------------------------------------------------------------------------------------------ PETITION TO WIND UP A COMPANY The High Court has an extensive jurisdiction to wind up companies and appoint Official Liquidators. The most usual way companies are wound up by the court is where a Petition is presented by a creditor on foot of an unpaid debt which must be for a minimum sum which is currently EUR 1,270.00. The Jurisdiction to wind up companies is exclusive to the High Court. A Petition to wind up a company is presented in the Central Office of the High Court to one of the Chancery Registrars who appoints the time and place at which the petition is to be heard by the Court. On making an order to wind up a company the court usually appoints an Official Liquidator and makes a number of ancillary orders. |
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Caroline Fanning