Elsewhere Application Process

Most countries have their own trade mark registration systems, almost all of which are broadly similar to those in the UK and Europe. In some countries, notably the US and Canada, it is necessary to prove use of a mark before the mark can be registered. In others, notably China, it is necessary to specify the individual commercial products with a fee being charged for each item listed.

There is an international trade mark system whereby a mark can be registered in many countries through a single application process. The international application has to be based on an existing home registration, either the UK or EU, and for the first five years of its life is dependent upon this home registration. Not all countries have signed up to this system, and so if you are interested in specific countries please ask. In addition, the costs would include an individual fee for each country, which again varies depending upon the countries.

In this system the application is registered centrally and then forwarded to the national Trade Mark Offices who carry out their own examination, which usually includes a search. If objections are raised, the objections are communicated to the applicant, who must then appoint a local agent to respond to the national Trade Mark Office. In many countries there will also be a publication and a period of time for third parties to file oppositions.

International trade mark registrations are renewable every ten years. The cost of the renewal includes an individual country cost dependent upon the countries included in the registration.