The UK has updated its trade mark legislation to allow for
partial replacement of domestic trade marks with international
registrations under the Madrid System.
Changes to the legislation
The Trade Marks (International Registration) Order 2008 has been
amended to implement changes to Rule 21 of the Madrid Protocol
Regulations. These changes relate to requests for the replacement
of UK trade mark registrations with international registrations.
This means domestic trade marks can be partially replaced by
international registrations. This will be possible even when they
only cover some of the goods and services listed in the domestic
registration.
Previously, replacement was only allowed when the international
registration covered all goods and services in the domestic
registration.
The amendment came into force on 21 November 2024. It
ensures UK compliance with Madrid Protocol obligations ahead of
the 1 February 2025 deadline. It aligns UK practice with
updated international requirements.
What this means for trade mark holders
Trade mark holders can now:
-
replace their UK trade mark registration with an
international registration that covers fewer goods and
services
-
maintain protection for goods and services not covered by the
international registration through their existing UK
registration
Further information
Full details of the legislative change can be found in the
Trade Marks
(International Registration) (Amendment) Order 2024.
The Manual of trade marks
practice - International examination guide has been updated
to reflect these changes.
