Gibraltar is a city and port located at the southern end of the Iberian Peninsula in Europe, with an area of approximately 6.5 square kilometers. The current trademark regulations in Gibraltar are mainly based on the Trademark Law 1948-31, which came into effect on January 1, 1949. The Gibraltar Trademark Registry is responsible for managing trademark affairs and the official language is English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. On October 1, 2020, the United Kingdom deposited a statement with the World Intellectual Property Organization, stating that from January 1, 2021, the protection scope of the Madrid Protocol by the United Kingdom will be expanded to Gibraltar. This protocol will apply to Gibraltar on the international registration date or later designation date in the UK designation on or after January 1, 2021.
Gibraltar must submit an application based on existing UK single country registration or Madrid designated UK basis. If the applicant does not reside in Gibraltar, they must entrust a specialized agent in the region to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. The specific category and product items must have the same registration basis as in the UK;
3. The applicant's name and address must be the same as the registration basis in the UK;
4. Original registration certificate issued by the UK Intellectual Property Office;
5. Priority cannot be declared.
The main process for applying for registration of a Gibraltar trademark based on existing UK foundations is: application, acceptance, formal examination, approval, and certification. The application will be accepted within 2-3 weeks after submission. The examiner will conduct a formal examination of the application. Formal review mainly examines whether the application requirements and classification information comply with regulations. There is no substantive examination and announcement system. If everything goes smoothly, it will take about 3 months to apply for registration in Gibraltar.
The validity period of the Gibraltar trademark is the same as that of the UK basic registration, and can be renewed 6 months in advance. The extension period is 6 months, and the renewal validity period is also the same as that of the UK basic registration.