Is UK Part of Madrid Protocol?

By Michael Ferguson

Are you planning to register your trademark in the UK? If yes, then you might be wondering if the UK is a part of the Madrid Protocol. The Madrid Protocol is an international treaty that allows businesses and individuals to register their trademarks in multiple countries through a single application.

So, is the UK part of Madrid Protocol? The answer is yes, but with some limitations. Let’s dive deeper into it.

What is Madrid Protocol?

The Madrid Protocol is an international treaty that simplifies the process of registering a trademark in multiple countries. It was established in 1989 and has been adopted by 124 countries, including the UK.

Under this system, an individual or business can file a single application for trademark registration with the World Intellectual Property Organization (WIPO). This application can cover multiple countries that have signed up to the protocol. Once the application is filed and approved, it will be transmitted to each country where protection has been sought.

Limitations of Madrid Protocol in the UK

Although the UK is part of the Madrid Protocol, there are some limitations to consider before filing for trademark registration under this system.

Firstly, if you file an international application through WIPO under the Madrid System designating the European Union (EU) as well as one or more other member countries of this system, it will not be possible to designate only the United Kingdom from January 1, 2021. This means that if you want to protect your trademark in both EU and UK territories after Brexit (31st December 2020), then you should file separate applications for both regions.

Secondly, even though you can file an international application designating the UK under Madrid Protocol through WIPO before January 1st, 2021; applications filed prior to this date will not cover any subsequent designations made after that date and any subsequent designation will require a separate national application.

Conclusion

In conclusion, the UK is part of the Madrid Protocol, but with some limitations. If you want to protect your trademark in both the UK and EU territories after Brexit (31st December 2020), you should consider filing separate applications for both regions. Additionally, it’s important to note that any international application filed by WIPO prior to January 1st, 2021 will not cover subsequent designations made after that date.

It’s always a good idea to consult with a trademark attorney before filing for trademark registration under the Madrid Protocol. They can provide valuable guidance on the best course of action for your specific situation.