Gibraltar Intellectual Property - Trademark

Trademark is known as letters, words, names, signatures, labels, devices, tickets, shapes and color, or any combination of these elements. It is used as a sign to distinguish your business goods or services from those of other traders.

Gibraltar is a member of the Madrid Protocol, the originating applications cannot be made there. But according to section 3 of the Trade Marks Act, only the trademarks registered in the UK under the Trade Marks Act 1994 (the 1994 Act) through the UK Intellectual Property Office and are extended through the Gibraltar Companies House to have effect in Gibraltar. The Register of Trademarks in Gibraltar shall keep a register of all trademarks, which are open to inspection by the public. As Gibraltar is a member of the EU, it also comes under the Council Regulation (EU) No40/94 on the community trademark where it is possible to obtain a single trademark registration which is effective throughout the territory of the EU.

Registration of a Madrid Protocol trademark designating the UK

Under the 1994 Act and section 3 of the Trade Marks Act, a Madrid Protocol trademark designating the UK is effective as a UK registration may be registered in Gibraltar. The following documents must be delivered to the Registry:

• Application for registration of a trademark (Form 1).
• Certified representation of the trade mark. Certificate of the Comptroller of the United Kingdom Patent Office (under his title of Registrar of Trademarks) giving full particulars of the registration of the trademark.
• Two prints of the trade mark if the trade mark to be is a registered device.

The Certificate of Registration will be issued under section 5 of the Trade Marks Act.

Registration of a Madrid Protocol trademark designating the EU

The Registrar of Trademarks will allow registration of an European Union trademark and a Madrid Protocol trademark designating the EU in Gibraltar. They will follow the produce for the registration of UK trademarks.

When the Registry requires for the official documentation, they will accept the original or certified true copy by the European Union Intellectual Property Office (EUIPO) or the Internal Bureau of the World Intellectual Property Organization (WIPO).

Normally, the procedure takes between 6 to 12 months depending on each case.

Renewal Gibraltar trademark registration

A trademark registration in Gibraltar is valid for 10 years from the filing date. The registration is renewable for periods of 10 years. We must delivered to the Registry the following documents below:

• Notice of renewal by the registered proprietor (Form 4).
• Certificate from the Registrar in the UK that the Trade Mark has been renewed.

Then, a Certificate of Renewal will be issued by the Registrar.