Trade mark rights are territorial. Trade mark registrations can only be enforced in the territory in which they are registered. Unregistered trade mark rights, which are built up through use, are only enforceable in the territory in which the unregistered trade mark has been used. Your name may have been used in the UK for many years and built up a strong reputation during that time. But unregistered trade mark rights would be useless against a third party using an identical name in, say, China or the Middle East.
If you are considering an overseas education project, registering your name and crest as trade marks in the relevant territory is essential at an early stage. Unlike the UK, many international territories do not recognise unregistered trade mark rights acquired through use, and in these territories the party that first applies to register a trade mark is its legal owner.
Protecting the your trade marks at an early stage will enable you to control their use internationally. It is prudent to conduct trade mark searches before filing a trade mark application in a new territory, to identify any risks associated with using or registering your trade mark in that territory.
We frequently advise on international trade mark issues and routinely conduct searches and file international trade mark applications.
We use our extensive knowledge of trade mark law, and our network of trusted international agents, to secure the most cost-effective route to obtaining international trade mark protection for our clients.
You can also benefit from fixed fees for our trade mark protection services, designed to cover the whole process from initial advice through to filing and registration.
It is prudent to conduct trade mark searches before filing a trade mark application in a new territory, to identify any risks associated with using or registering your trade mark in that territory.
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