The Madrid Protocol is an international treaty that simplifies the process of registering trademarks across multiple countries. It provides a streamlined process for trademark owners to file a single application and pay one set of fees to protect their trademark in various jurisdictions.
Is the UK still part of the Madrid Protocol?
The answer is yes. The UK is still a member of the Madrid Protocol, even after leaving the European Union (EU) on January 31, 2020. This means that UK businesses can continue to use the Madrid System to protect their trademarks abroad.
However, there have been some changes in the way that UK trademark owners can use the Madrid Protocol since Brexit. Before Brexit, UK businesses could file an application for an International Registration through either the World Intellectual Property Organization (WIPO) or the EU Intellectual Property Office (EUIPO).
After Brexit, UK businesses can only file through WIPO as EUIPO no longer accepts applications from UK applicants. This means that there are now two separate procedures depending on whether you are filing from an EU country or from the UK.
What does this mean for UK businesses?
If you are a UK business looking to register your trademark internationally, you will need to apply directly through WIPO using a separate application form. This may result in additional costs and administrative burden as you will need to navigate new processes that differ from those previously used within the EU.
It’s important to note that if you already have an International Registration designating the EU before Brexit, this registration will still be valid and enforceable in all remaining EU member states until its renewal date.
Conclusion
In summary, while there have been changes since Brexit, the good news is that UK businesses can still use the Madrid Protocol to protect their trademarks abroad. However, they must now apply directly through WIPO rather than EUIPO which may result in additional costs and administrative burden. It’s important for UK businesses to stay informed of any changes to the international trademark registration process and seek advice from a qualified attorney if necessary.
- The UK is still a member of the Madrid Protocol after Brexit
- UK businesses must now apply directly through WIPO rather than EUIPO
- Existing International Registrations designating the EU before Brexit are still valid until their renewal date
As always, it’s best to consult with a legal professional to ensure that you are following the correct procedures and protecting your trademark rights effectively.