Trademark registration in Gibraltar is possible under the Trade Marks Act 1948 and it is done in writing, after providing the required documents. If you want to set up a company in Gibraltar and are also considering trademark registration for your new business, our team can help.
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Trademarks in Gibraltar
Investors who open a company in Gibraltar can choose to protect their unique business image by registering their trademark here. This registration is a process that includes the submission of certain documents, including a clear representation of the mark for which protection is sought, along with details on the future mark holders.
Recognised trademarks in Gibraltar can be individual or collective. Moreover, the registration of certification marks is possible. A trademark is a distinguishable sign, symbol or word, it can be figurative or combined. Marks can also be based on shapes or colours, and their function is to distinguish the company from others on the market.
Trademark protection in Gibraltar
The Companies House is the authority that oversees the Registrar of Trade Marks and offers non-stop access to this through its online services.
Trademark registration in Gibraltar takes place as per the Trade Marks Act and the corresponding rules for trademarks. When a mark is registered in the UK, the rights and privileges attached to it automatically extend to Gibraltar. This means that international trade marks issued in the UK are automatically given the same protection in Gibraltar.
Despite this extension for UK-issued marks, our team who can help investors with company registration in Gibraltar can detail the advantages of also registering the mark with the Companies House and the corresponding Register.
General trademark registration requirements in Gibraltar
Filing in an application for registration with the Registrar of Trade Marks is a mandatory process in order to ensure protection. The applicant will provide the required documents and these are different when registering the mark in Gibraltar alone compared to when a mark has already been registered in the UK.
Our team lists the main documents that are submitted in the case of trademark registration in Gibraltar:
- the filled-in application form (Form 1);
- the representation of the mark: this must be certified and must present all the particulars of the mark proposed for protection;
- two prints of the mark;
- the filing fee (see below for more details).
Once the documents are received and analysed, the Registrar issues the Certificate of Registration which is valid for ten years from the date of the application and can be renewed for periods of the same duration.
The renewal of a registered mark is possible through a separate submission (including a filled-in form for renewal), and the payment of a fee. When the mark being renewed has been initially registered in the UK, its renewal must take into account the date of this UK registration.
Common fees for trademark registration in Gibraltar
The trademark registration process also includes the payment of certain fees to the Registrar. While these can be subject to change, our team highlights some examples for reference purposes only:
- £30 for applications made under Section 4 that also include the issuance of a certificate of registration;
- £15 for applications submitted as per Sections 10 and 12 or for renewals;
- £2 to search the Register.
If you want to know more about the process and the fees associated with trademark registration in Gibraltar, please feel free to reach out to our team.
In addition to providing assistance for mark protection, our team can help you open an offshore company in Gibraltar and answer any specific questions about the local registration requirements.
Contact us for more information about trademark registration in Gibraltar or any company formation matters.