International trade mark protection

In addition to trade mark protection in just the UK or throughout the EU, you can gain the monopoly over your mark throughout the world.

International protection is actioned through the Madrid Protocol which is an agreement signed by many countries across the world and is controlled by the World Intellectual Property Organisation based in Switzerland.

A key provision in relation to international protection is that it is based on an existing trade mark registration in a member country. Therefore you have to have a registration in the UK which is then identical to your international application for it to succeed.

You can apply for international protection at the same time as your UK application or at a later date. In addition you can apply for priority when submitting your UK application meaning within 6 months of the registration of that application, any further international protection application will be viewed as if it was submitted at the same time as the original application in the member state.

The cost of international protection can vary hugely depending on how many countries you would like the mark to be registered in. in addition there is a standard set of fees to be paid to the WIPO. A calculator to discover the exact amount can be found on the UK IPO’s website.

The application has to be conducted through your national trade mark office, therefore the UK Intellectual Property Office will be your first point of call.

This application can be complex and is not one for the faint-hearted therefore if you want any expert advice or support in relation to this application, please contact trademarkroom!

By Ellis Sweetenham