It is possible to re-register UK registered trade marks in a number of overseas states and territories.  This page lists the states and territories in which we believe (re-)registration is possible for trade marks*, suggesting that the acquisition of UK registrations can be advantageous for trade mark owners with an interest in the relevant states**.  This page also details peculiarities for some of these territories where trade mark law is less well known.

Anguilla
Re-registration based on a UK registration or a UK designation of an international registration is possible, as well as independent local registration. CTMs have no effect. Service marks are registrable.

Antigua
Independent local registration only. Registration based on a UK registration is no longer possible. Current UK-based registrations will continue for their unexpired terms or for 10 years from 1 October 2006, whichever occurs first. Member of the Madrid Protocol. Service marks are registrable.

Bahamas
There is no provision for extension of registration of UK trade marks, but international (Paris Convention) priority is available and a UK registration certificate may serve as evidence of registrability. Service marks are not registrable. CTMs have no effect.

Barbados 
There is no provision for extension of registration of UK trade marks, but international (Paris Convention) priority is available and a UK registration certificate may serve as evidence of registrability. Service marks are registrable.

Belize
Independent local registration only now. Current UK-based registrations will continue in force in Belize for their remaining term and pending UK-based applications will be processed as under the prior law, although they will be deemed registered under the new Act. Service marks are registrable. CTMs have no effect.

Bermuda
Independent local registration only. There is no provision for extension of registration of UK trade marks. International priority (Paris Convention) is not available, but service marks are registrable. CTMs and UK designations of international registrations have no effect.

Botswana
Independent local registration only. Member of the Madrid Protocol.

British Antarctic Territory
No IP provisions

British Indian Ocean Territory
UK rights extend automatically. CTMs have effect.

British Virgin Islands
UK registrations can be extended, as well as independent local registration. Service marks are registrable in British Virgin Islands only via an application to extend a UK registered mark, although service mark legislation is pending. International (Paris Convention) priority is not available. CTMs and UK designations of international registrations have no effect at present.

Cayman Islands
No purely local trademark applications can be filed in Cayman. UK and CTM registrations can be extended, as can UK and CTM designations of international registrations. Applications for extension of a UK or CTM registration may be made at any time during the registration period of the UK or CTM mark (or IR designations), but the resulting extension will expire with the expiry of the UK or CTM registration.

Cook Islands~
New Zealand trade mark legislation applies.

Dominica
Independent local registration only now. UK registrations could be extended until 1 February 2010. Existing UK-based registrations are protected for the remainder of their terms. Service marks are registrable. CTMs have no effect.

Falkland Islands
There is no local registration. UK rights extend automatically. Extension of CTMs and international registrations designating either the UK or CTM is automatic.

Federated States of Micronesia~
No trade mark legislation enacted - common law rights apply.

Fiji~
Independent local registration, but UK registrations can also be extended. UK-based applications tend to be processed more quickly and do not need to be advertised for opposition purposes. CTMs have no effect. Service marks are not registrable.

Gambia
UK registrations can be extended. A registration will have the same date as the UK filing date, provided the application is made within 4 months of UK application. The owner of a UK registration has priority over other applicants. CTMs have no effect.

Gibraltar
Extension of UK registrations is the only official form of protection available. Only the owner or his representative may apply for registration. CTMs appear to have effect and applying for a trade mark based on a CTM seems to be a formality, although there is no actual legislation in force to this effect.

Grenada
No purely local trademark applications can be filed. Extension of UK registrations is the only form of protection available. Only the owner or his representative may apply for registration. CTMs have no effect. Service marks are registrable.

Guernsey
Contrary to common beliefs, UK and CTM registrations cannot be extended. Independent local registration only, which can be 'supported' by a registration in a country party to the Paris Convention (but most usually UK registrations or CTMs). CTMs have no effect. Registration in Guernsey also covers Alderney, Herm, Sark and other smaller Channel Islands.

Guyana
Independent local registration, but UK registrations can also be extended, including service marks. Local registration is not available for service marks. International priority (Paris Convention) is not available. CTMs have no effect.

Isle of Man
UK rights extend automatically. CTMs are recognised and protected. An application may be made at any time during registration of the CTM and the registration will expire with the CTM. Applying for a trade mark based on a CTM is a formality. UK designations of international registrations extend automatically.

Jamaica
There is no provision for extension of registration of UK trade marks, but international (Paris Convention) priority is available and a UK registration certificate may serve as evidence of registrability. Service marks are registrable.

Jersey
Re-registration based on a UK registration possible. Trade marks can only be registered based on UK registered marks. Only the owner or his representative may apply for registration. CTMs and UK/CTM designations of international registrations extend automatically. However, the status of CTMs could change in the future.

Kiribati~
No purely local trademark applications can be filed. Protection is by extension of UK registrations only. Only the owner or his representative may apply for registration.

Malta
Independent local registration only. CTMs have effect.

Marshall Islands~
No trade mark legislation enacted - common law rights only, including English common law.

Montserrat
Independent local registration, but UK registrations can also be extended, including service marks. Local registration is not available for service marks. International priority (Paris Convention) is not available. CTMs have no effect at present, but the issue is being discussed.

Nauru~
No trade mark legislation enacted - common law rights only apply.

Niue~
No trade mark legislation enacted - common law rights only.

Palau~
No trade mark legislation enacted - common law rights only.

Papua New Guinea~
Independent registration of trade marks only. Service marks are registrable.

Samoa~
Independent local registration or registration based on a UK or any 'overseas' registration is possible, if done so within two years of registration. CTMs have no effect.

Sark
UK registrations can be extended. CTMs have no effect. Guernsey registrations are protected in Sark.

Seychelles
Independent local registration only.

Sierra Leone
UK registrations can be extended (a certificate of registrationi s required). CTMs have no effect. Member of the Madrid Protocol.

Solomon Islands~
UK registrations can be extended. Trade marks can only be registered based on UK registered marks. Only the owner or his representative may apply for registration. CTMs have no effect. Service marks can be registered.

St Helena & Dependencies
UK registrations can be extended. Extension of UK registrations is the only form of protection available. Only the owner or his representative may apply for registration. CTMs and UK designations of international registrations have no effect at present, but the issue is being discussed.

St Kitts & Nevis
Independent local registration only. UK registrations can no longer be extended. Existing UK-based registrations are protected for the remainder of their terms. CTMs have no effect. Service marks are available, as is international (Paris Convention) priority.

St Lucia
Independent local registration only. UK registrations can no longer be extended. Existing UK-based registrations are protected for the remainder of their terms. CTMs and UK designations of international registrations have no effect. Service marks are available, as is international (Paris Convention) priority.

St Vincent & the Grenadines
Independent local registration only. UK registrations can no longer be extended. Existing UK-based registrations are protected for the remainder of their terms. Service marks are available, as is international (Paris Convention) priority.

Tonga~
Independent local registration only. Trade marks and service marks can be independently registered.

Trinidad and Tobago
There is no provision for extension of registration of UK trade marks, but international (Paris Convention) priority is available and a UK registration certificate may serve as evidence of registrability. Service marks are registrable.

Tristan da Cunha
CTMs have no effect.

Turks & Caicos Islands
Independent local registration only, although up until 2007 a UK registration could be extended. CTMs have no effect. Service marks are registrable.

Tuvalu~
UK registrations can be extended. Trade marks can only be registered based on UK registered marks. Only the owner or his representative may apply for registration. CTMs have no effect. Service marks can be registered.

Uganda
Position is currently unclear.

Vanuatu~
UK registrations can be extended. Previously, trade marks could only be registered based on UK registered marks, but now can also be based on national registrations in any EU member state, but not CTMs nor registrations under the Madrid System. Only the owner or his representative may apply for registration. CTMs have no effect. Service marks can be registered.

If you are interested in protecting your trade marks in any of the countries listed, please contact us or let us know of your interest as soon as possible. This will enable us to make detailed enquiries on a case-by-case basis.

This information is simplified and must not be taken as a definitive statement of the law or practice.

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Explanatory Notes

~ The South Pacific Islands (or Forum Island Countries, FICs) are moving towards harmonisation of trade mark rules, so the position indicated in this information sheet for these states is likely to change.

* The information in this sheet is derived from information available from the UK Intellectual Property Office and that which has been supplied to us by attorneys working in or with the countries concerned. It has not necessarily been obtained from official sources and, although it is up-to-date as of April 2010, neither Mewburn Ellis LLP nor the UK Intellectual Property Office can accept responsibility for the accuracy of the information. Due to the range of countries involved, it is unlikely to be 100% accurate or complete. Mewburn Ellis LLP recommends contacting an attorney in any of the countries/states listed for the most up-to-date information.

** While we believe that the above list is correct at the time of writing as far as trade marks for goods are concerned, in many of the above countries it is not clear whether the extension of a UK or CTM trade mark registration or a UK or CTM designation of an international registration for services is possible.