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International Trade Mark Registration


Lawdit Solicitors - Expert Author

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A trade mark registration is an important asset to any business but with the companies increasing trading outside their national markets a UK or Community trade mark is no longer the beginning and the end.

A good starting point for extending protection for your mark to countries outside the EC is through the Madrid protocol. This enables owners of UK or Community trade marks to extend protection for their marks to other countries party to the Protocol (currently 71 countries) through the World Intellectual Property Organisation (WIPO).

Most of the individual countries which make up the EU are also members of the Protocol. Therefore excluding these countries brings the number of countries available down to 47.

Popular countries which are members include Norway, Iceland, Switzerland, USA, Australia, Japan, China and Singapore.

In order to take advantage of this system the details of your application must match the details of your UK/ Community trade mark registration in all material details i.e. mark, owner and classifications; it is possible to include less classes but you can not add classes. If you want to move ahead with other countries quicker than waiting for your UK or CTM registration would allow it is also possible to use a UK or CTM application as the basis. However there is some element of risk associated with using this option rather than using a registration. This is due to the fact that the international application will be wholly dependant on your UK/ CTM so that if for some reason you UK/CTM application fails to reach registration, your international application will also fail.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2007-05-18 20:35:43 in Legal Articles

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