There is no such thing as an international trademark. However, there are systems in place which enable an individual to register a trademark in a number of countries through a single registration. The UK is a member of the Madrid Protocol, a system implemented by the World Intellectual Property Organisation (WIPO). As such, an individual or company in the UK can use this system to apply to register a trademark in any countries or territories which are also members. [hyperlink]

It is possible to apply to register your trademark in any country that has a trademark system, by contacting an attorney in that territory. However, since the UK is a member of the Madrid Protocol, it is also possible to make an application to a number of countries through a single application via the Madrid Protocol. Over 80 countries or territories are party to the Protocol [hyperlink]. If you would like us to help you make an international application, please visit our help page [hyperlink].

An individual or a company in a territory which is a member of the Protocol may make an application. However, before doing so you must either own a national or regional trademark, or have an application pending. Since the EU is a member of the Protocol, this means that anyone living or working within the European Union with a national or Community trademark (or pending application) may use the Protocol to make an international application.

If this happens during the first five years of your international registration, your international registration rights will be extinguished. In this case you would have to register your trademark nationally in each individual country.

No. Trademark protection only extends to the territory or country in which it is registered. If you intend to market your product or services in countries outside the UK, you should consider applying for a Community trademark or making an international application. A Community trademark affords you protection throughout the 27 member countries of the EU [hyperlink] through a single registration process. Using the Madrid Protocol enables you to protect your trademark in up to 80 countries via a single application.

Yes. A subsequent designation can be made to extend your trademark protection to other countries.

No. You must make a national or regional application before making an international application.

The cost will depend on the number of countries or territories in which you register your trademark, which countries you choose (as costs may vary depending on the country), and how many classes of goods of services you wish to register your trademark under.

No. The mark on your international application must be identical to your national or regional trademark in terms of appearance, any indications such as shape or colour, and the goods and services under which it is (or will be) registered.

It lasts for 10 years, and may be renewed for further periods of 10 years on payment of renewal fees. It is possible to choose only to renew your trademark in some of the countries you originally applied for. However, it is not possible to remove any classes of goods or services in the renewal process.

International registration allows a trademark owner to register their mark in a number of countries through a single application. If a number of countries have been designated, the trademark owner will end up with a bundle of distinct national registrations. As a result, any action for infringement of an international registration must be dealt with in the individual country concerned.

No. Each country will decide independently whether to accept or refuse to protect your trademark.

A country may refuse to register your trademark if an earlier mark exists in that territory which is the same or confusingly similar.

It depends on the individual countries you have designated in your application, and whether the marks encounter any complications. To give some kind of indication of the time involved, you should not expect registration to be completed in under a year and a half.

No. However, the date that the international application is made in your regional or national Office will be the date of your international registration. This will be important if any disputes subsequently arise.