In the event of a “no deal Brexit”, as from exit day your designation of the EU will no longer cover the UK. Your designation of the EU will not be otherwise affected.
In the event of a “no deal Brexit”, nothing will be required from you. If your existing international registration was protected in the EU before exit day, the Office of the United Kingdom (UKIPO) will automatically create a new UK registration at no cost. Your new UK registration will cover the goods and services for which your international registration was protected in the EU. The date of filing and of registration of your new UK registration will be the date of your international registration or of your subsequent designation of the EU. Your new UK registration will benefit from any relevant priority claimed in your international application, provided that claim applied to your designation of the EU, and from any EU seniority claim made in respect of the UK.
Yes, after exit day you can continue taking advantage of the centralized management features of the Madrid System by subsequently designating the UK in your international registration (using Form MM4 or E-Subsequent Designation), which will replace your new UK registration. In such case, it is advisable that you request that UKIPO take note of such replacement in the UK Register.
In the event of a “no deal Brexit”, if you have an EU designation pending on exit day (i.e. neither refused nor protected in the EU), you will have nine months from exit day to file an application for the registration of your mark in the UK. That application will benefit from the date of your pending designation of the EU and, where applicable, from any priority claim.
Yes, you can. Once your mark is registered in the UK, you can take advantage of the centralized management features of the Madrid System by subsequently designating the UK in your international registration (using Form MM4 or E-Subsequent Designation), which will replace your UK registration. In such case, it is advisable you request that UKIPO take note of such replacement in the UK Register.
Yes, the UK is a party to the Madrid Protocol and can now be designated under the Madrid System, independently of the EU. Moreover, if you have designated the EU and you anticipate that such designation will be pending before exit day, you can subsequently designate the UK as soon as possible. However, in this case, the subsequent designation of the UK will not benefit from the date of the pending designation of the EU.
All international applications based on national or regional applications or registrations should be filed using the MM2 International Application form. Forms MM1 and MM3 are no longer applicable nor available on the Madrid website.
All International Applications designating the United States of America must also include Form MM18 (Declaration of intention to use the mark).
Note: If an international application is filed using the form MM1 or MM3 on or after October 31, 2015, the application will be considered irregular under Rule 11(4)(a)(i) of the Common Regulations. If the irregularity is not remedied by the Office of origin within three months from the date of the notification of the irregularity, the international application will be considered abandoned under Rule 11(4)(b).
Please do not submit by mail a form already sent to WIPO electronically.
Communication through Contact Madrid or the Madrid Portfolio Manager is preferable.
Information about international application fees, including calculation of fees and payment methods is available under "How to file an application."
You can check the status of international registration documents using the Madrid Monitor tool. Information relating to your international application or subsequent designation is also available through Madrid Monitor (search for your mark by name, number, date, class or country, then open the mark record. Status updates are available under the Real-time Status tab).
The current status of all international registrations in force is published by WIPO in Madrid Monitor. This database contains the bibliographic data of all international registrations in force and reproductions of marks which consist of or contain special characters or figurative elements.
Information is made available free of charge and updated daily.
Digitized copies of the following notifications, received by WIPO since January 1, 2005, can also be accessed directly in Madrid Monitor in PDF format:
Digitized copies of all documents received by WIPO for international Registrations where you are the owner or registered representative can be accessed via the Madrid Portfolio Manager.
The international registration of your mark is valid for 10 years. You can renew the registration at the end of each 10-year period directly with WIPO with effect in the designated Contracting Parties concerned. A renewal reminder letter will be sent by WIPO to the holder and representative of an international registration six months before its expiry.
The E-Renewal Service allows you to file a request for the renewal of an international registration, from three months before its expiration date until the end of the six-month grace period following this date and to pay the due fees using a WIPO Current Account or a credit card.
A renewal request may also be sent to WIPO in writing or by using the form MM11. The following Information should be included in the request: the international registration number concerned, the designated Contracting Parties for which the renewal is requested and the details of the payment.
The request for the recording of a change in ownership of an international registration must be presented to WIPO on the form MM5, either directly by the recorded holder (or the recorded representative, if any), through the Office of the Contracting Party of the recorded holder, or through the Office of the Contracting Party of the new owner (the transferee).
The fee for the recording of a change in ownership is 177 Swiss francs for each international registration concerned, according to item 7 of the Schedule of Fees.
The Office of a designated Contracting Party must communicate its notification of provisional refusal within one year from the date on which it was notified of the international registration or subsequent designation by WIPO. In certain limited circumstances, Contracting Parties can opt to extend the refusal period to 18 months, or even longer. For further information on the applicable time limits, please refer to the declarations made by the Contracting Parties.
In the absence of a notification of provisional refusal within the applicable time limits, the mark is considered protected in the territory of the designated Contracting Party concerned for all the goods and services for which protection has been requested.
The procedure following the notification of a provisional refusal of protection is determined by the Office of the designated Contracting Party concerned and is carried out directly between the holder and the Office. It does not involve WIPO.
All the information required to follow up with the Office is in the notification of provisional refusal issued by the Office. This includes the grounds for refusal, time limit for requesting review or appeal, authority to which such request for review or appeal should be made and whether or not the assistance of a local representative is mandatory.
Disclaimer: The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. They do not necessarily represent the official position of WIPO or its member states.