You can also use your UK trade mark application to claim priority when applying for an international trade mark provided this is within 6 months.
The Madrid Protocol
This means that your later application will be treated as if you applied on the same date as in the UK. You can only apply for a single mark, as the international system does not allow for a series of marks, as we do in the UK. The cost to apply depends on which or how many countries you want your trade mark to be protected in. There is a list of fees and a fee calculator on the WIPO website.
If you need any help with fees, please call us on Only the holder or his representative of the UK trade mark may send any international application form. In general, only the holder or his recorded representative of the UK trade mark may send any international application form. Anyone else must have a link with the case to be allowed to send a form. WIPO will not accept handwritten applications.
You cannot file your application directly with WIPO.
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We will check that your international application is for the same mark as the UK mark on which it is based. We will also confirm the date on which we received your application. WIPO will use this date as the filing date of your international application provided we are able to certify and forward the form to them within two months of filing. We will contact you within 10 working days of filing the Form MM2. We will tell you if your international application has been certified or if we have identified any deficiencies.
We recommend that you check your in-box and your spam filter and junk folder to ensure you reply to any deficiency within the allowed time limits. If you have not received a response by the 10th working day from filing your international application please contact us on Failure to respond within the allowed time limit could result in the international application becoming abandoned. No refunds will be given.
Your application will be examined by WIPO and you will be notified of any irregularities. When the application is in order, WIPO will forward your application to the national IP office of the countries you have designated. They will decide if your trade mark is acceptable for registration. Further information to assist you in classifying your goods and services in respect of designating Contracting Parties dCP can be found using Madrid Goods and Services Manager. If this happens, you are able to transform your International mark into national applications.
Your trade mark may be opposed in any of the designated countries, but if successful, this will only affect the international registration in that country.
Any costs incurred are set according to the law of the National Offices in the designated countries. You can fill in an online application form on the EUIPO website , or print the form and then fill it in. You must use one of the 23 official languages used in the EU. EUIPO will contact you if any information is missing. If you do not have a place of business, a real and effective establishment or your domicile in the European Union, you must appoint a representative for all proceedings before the Office. You can only choose a fully qualified legal professional such as a solicitor or barrister or a specialist in IP law.
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General legal practitioners, such as solicitors and barristers, are automatically qualified to represent clients at EUIPO. If you want to act in proceedings before the EUIPO in trade mark matters you must meet professional requirements.
International Trademarks | Madrid Protocol
You must apply for certification from us if you wish to be on this list. To obtain certification from us and apply to represent in trade mark matters before the EUIPO , you must meet one of the following criteria:. Note that qualified trade mark attorneys are automatically entitled to also represent in design matters. Design and patent attorneys can only represent in design matters. Further information on representing in design matters before the EUIPO is available on our Protecting your design abroad guidance page section 2.
Please note that our offices are currently closed due to government advice on Covid The way we process applications for professional representation is changing during this interim period.
If no objection is raised by the trademark office, the application will gain automatic protection; If no objections are raised by the national trademark office or oppositions filed by third parties, there is no need to appoint a local representative in that country. A subsequent designation of the European Union to an IR can be the ideal way of protecting a mark in the EU, particularly if an objection is anticipated from only part of the EU.
The IR system allows the EU designation to be converted to national designations in the countries not affected by the objection and is often seen as a less cumbersome mechanism than conversion of a directly filed European Trade Mark EUTM application into national applications.
Madrid system
Disadvantages of the IR system However, the Madrid System is not without its complications and vulnerabilities, both in terms of the process and the protection afforded by the resultant rights. For clients in the European Union, this can be either a national or EUTM application or registration at present click here for information on UK-based rights following Brexit. Importantly, the international application is reliant on that home filing for a period of five years from the IR registration date. Accordingly, if the home filing is abandoned or cancelled during this dependency period, the international registration will also be automatically cancelled.
As the WIPO system does not circumvent local trademark laws, objections can be raised by third parties on a country-by-country basis. Deadlines for responding to office actions can be very short and it can be a challenge to appoint agents and file a timely response. China, for example, often has a deadline of less than two weeks. The time taken to process applications can also vary wildly. In some jurisdictions, registration takes around one-two years and is often quicker than a national application. However, for designations such as the US and EU, the timescale is greatly increased.
There are some jurisdictions not covered by the System. In some countries, notably on the African continent, national laws have not been updated to recognise the international registration system which can lead to enforcement issues. Is the Madrid System right for you? However, if they are to ensure that they are obtaining the protection that they need in the designated countries, brand owners are advised to consider the following before beginning the application process: How many countries will be designated?
As many or as few as you wish. Depending on the countries required, it may be cheaper or easier to file national applications, especially if a company is interested only in one or two designations. Will the trademark be used in the same way in each country? For example, to avoid a known objection. Which countries will be designated? Unfortunately, in certain jurisdictions most notably India , an IR-acquired right is more vulnerable than a right acquired through a national registration.
For this reason, it is best not to adopt a one-size-fits-all strategy for registration; instead, companies need to weigh up the cost and efficiency benefits of the Madrid System with the need to acquire broad protection in critical markets. What about Brexit? In addition to the above, a number of anomalies exist in certain key territories; most importantly: US In addition to the WIPO trademark renewal date, the US also has a 6th year Statement of Use deadline and a 10th year Renewal and Use deadline.
There is no requirement to prove use of the mark in the US in order for the mark to proceed to registration. International applications are not eligible to be registered on the Supplemental Register. The classes applied for through the Madrid System cannot be amended, even if the correct class is already included in the application. A trademark in a given subclass will cover all items in that subclass, but is not effective on items in other subclasses, even if they fall within the same class under the IR application which uses the Nice Classification system.
Although the designation will be afforded protection once the examination process has been completed, applicants will not receive a registration certificate. This can cause issues if brand owners need to litigate in China as they will need to apply for a Supplemental Certificate, a process that incurs additional fees and can take up to six months to obtain. Japan and Cuba Designation fees are applied in two parts, with the second part becoming payable once the application is found to be acceptable for protection.