International trade mark registration - Madrid Protocol
The Madrid Protocol was extended to the Bailiwick of Guernsey on 1st January 2021.
The Madrid Protocol is an international treaty designed to simplify the international trade mark registration process. Using this process, registrants are able to complete a single application, in their home language, that can then be applied to over 90 member countries.
It is now possible to file an international trade mark application in Guernsey, as an office of origin. It is also now possible to designate Guernsey as a jurisdiction for registration (separate from the UK).
Requirements for filing an international trade mark application through the Guernsey Intellectual Property Office
To file an international trade mark application through the Guernsey Intellectual Property Office (IPO) as an office of origin you will need to have one of the following:
- British nationality;
- Domicile in the Bailiwick of Guernsey; or
- A place of business in the Bailiwick of Guernsey.
In practice this means an applicant must be an individual with British nationality or who is domiciled in the Bailiwick of Guernsey, or a legal person registered in Guernsey or Alderney.
In addition you will need to have an existing Guernsey trade mark application or registration. This is referred to as the 'basic' application or registration.
How to file an international trade mark application
You will need to complete the MM2 international application form and submit it to the Guernsey IPO for certification.
The easiest way to complete the MM2 form is to use the Madrid Application Assistant on the World Intellectual Property Organization (WIPO) website. This online tool records all the information required to complete an international application and generates a PDF version of the form.
The trade mark details in the MM2 form must be identical to the basic application or registration, and the list of goods and services must not be broader than those specified in the basic application or registration.
The filing fees for an international trade mark application must be paid directly to WIPO and will depend on the application details and the countries designated. WIPO have a fee calculator available here and further information on fees and payments is available on the WIPO website. The Guernsey IPO does not colllect filing fees on behalf of WIPO.
There is a £40 handling fee for submitting a MM2 form, which is payable to the Guernsey IPO. Completed forms can be submitted by email to email@example.com.