Overseas Trade Mark Registrations - Which Route? There are three routes by which trade mark protection can be sought - by means of a national application, a European Community application, or an International application lodged through the Madrid Protocol. To guide our clients through the maze, we outline the three possibilities below, and provide tables for detailed comparisons. We also give a summary of how you might choose one system or the other, dependent upon certain factors and considerations. If you want us to give you concrete advice, please complete the enquiry form . Summary of available systems National Application We need say little about this possibility, which is already familiar. However, it should be noted that such applications or registrations, by contrast with the other systems, stand alone in each country and are not subject to any central opposition or attack. Community trade mark application This system enables a single trade mark application (and eventual registration) to covers all 25 states of the European Union. It can therefore be an extremely economical way of obtaining protection in a major world market. Its major disadvantage is that, although grant will not be refused on grounds of an existing Community or National registration, an adverse result in a single opposition will lead to refusal of protection for all the states. This risk can be reduced by having a search carried out before filing an application - we can advise further. International application Unfortunately there is no such thing as a truly "international" system covering any combination of countries around the world. You can however file an application through the long-standing Madrid Agreement in order to obtain a bundle of national trade mark registrations. To do this you have to have a place of business in a country which is a signatory to the Agreement (The United Kingdom is not a signatory). The more recent Madrid Protocol is a slightly modified system to which the UK is a signatory. Again, you need to have a place of business in a signatory country in order to use the system. How do you choose? The factors involved are as follows: In which countries is protection really needed? How much money can be spent? Does the registrant have a business address or a subsidiary in a Madrid Protocol or Agreement Country e.g. in Great Britain? If only 2 or 3 countries in Europe are intended to be covered, then individual national applications may be the best route. If larger numbers of countries are to be covered, individual national filings become cumulatively expensive, and a Community or International Trade Mark could be a realistic alternative. We would be happy to advise further on receipt of your instructions. Back to trade marks