
Trade marks – the signs that indicate the origin of one company’s goods and services and which distinguish that company’s goods and services from another – are territorial.
This means that a company trading in England, Wales, Scotland or Northern Ireland will equally be covered by a UK national trade mark registration regardless of whether they’re only trading in one of those areas. Most companies begin with a trade mark registration covering just the UK. However, some companies may already be trading internationally and therefore seeking wider geographical protection while others may be expanding outside the UK and in need of broader protection as a result. While trade mark attorneys can cover individual overseas territories via their connections with attorneys outside the UK, there are currently two major systems in existence that can help companies protect their trade marks in multiple countries overseas. This applies to all kinds of trade marks, whether they are simply names, words, slogans, jingles, colours, shapes or logos, or anything which is distinctive enough to differentiate the goods and services on offer. The Community Trade Mark (CTM)- Less to pay – one registration and one application for renewal
- Less paperwork – simultaneous registration throughout the EU
- Lower attorney fees – working through OHIM reduces the number of foreign associates involved
- Faster results – a single application can save time over multiple applications
- it’s not necessary to engage a local attorney in the countries covered by the application unless there is an official or third-party objection in the country in question;
- the registration is administered centrally by WIPO, so there is a single registration number, a single renewal fee and all correspondence is routed by WIPO (except when an objection is raised and a local attorney is instructed);
- and unlike the Community trade mark, it isn’t an “all or nothing” federal right, meaning that a successful objection in one country does not jeopardise the registration of the mark in the other designated countries.
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