Trade mark protection in Gibraltar  

The UK has a complex relationship with various regions, including its 'Crown Dependencies' and 'Overseas Territories'. You can find out more about trade mark protection in the Crown Dependencies in our previous article.  

As for the Overseas Territories, there are 14 that are located around the world. The territories range from Gibraltar to the British Indian Ocean and islands in the South Atlantic and Caribbean (among others).

While the Overseas Territories do not form part of the UK, due to their historic relationships, the UK has specified levels of control over them. For instance, the UK Parliament and Privy Council has unlimited power to legislate for the territories and aside each territory also having a UK-appointed governor, the King is also sovereign. However, in practice, each territory has considerable autonomy and varying constitutions, governance and local laws.

Our below analysis provides a high-level overview of trade mark protection in Gibraltar. As you will see, while there are certain differences to the UK trade mark regime, there is also a relative proximity wherein a Gibraltar trade mark is reliant on a UK trade mark.

Relationship to the UK

Gibraltar is a British Overseas Territory (formerly known as a Crown colony).

Governance

Gibraltar has its own legislation governing its trade mark regime. Companies House Gibraltar is the Registrar of Trade Marks in Gibraltar.

Relationship with UK trade marks

UK trade mark registrations do not automatically protect Gibraltar unless it is by way of an International Registration that designates the UK that is filed after 1 January 2021 or the trade mark is a UK comparable trade mark (see below). In the latter which circumstances, the Gibraltar protection is automatic.

Aside the International Registration route, trade mark protection in Gibraltar is dependent upon registration first being obtained in the UK. Once a UK trade mark is registered, an application must be made to Companies House Gibraltar for its re-registration in Gibraltar.

Relationship with UK comparable trade marks

For trade marks that were automatically created in the UK on 1 January 2021 following Brexit (i.e. "UK comparable trade marks"), those trade marks do automatically protect Gibraltar.

Does the UK trade mark renewal automatically renew the territory trade mark?

No - national UK trade marks do not automatically renew a dependent Gibraltar registration.

Applicable renewal dates

The renewal application must be submitted to the Gibraltar Registrar within three months of the renewal date for the underlying UK trade mark.

This article is intended for general guidance only and we are not responsible for the accuracy of any particular statement. If you would like further advice about your trade mark protection in Gibraltar or any other territory, please contact us.