Geographical scope of the Community Trademark

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One of the main benefits of Community Trademark is that allows the protection of a trademark with just one single filing in the 28 UE countries. 

However, several countries have territories far from Europe, generally representing a legacy of a past colonial period.

geographical scope of the community trademarkTherefore it is very important to consider what happens in these overseas regions in order to evaluate whether we are actually protected or not in the places we sell or offer our services.

To shed light about this matter, we are going to indicate those countries where emerge peculiarities with the geographical scope:

  • Denmark: Greenland and the Faroe Island excluded. Therefore it is necessary to ensure protection through a national trademark of Denmark.
  • Spain: including the Canary Island, Ceuta and Melilla.
  • France: including Martinique, Guadeloupe, Reunion, Guyana. However, the following territories are not included: New Caledonia, Wallis and Futuna, French Polynesia, French Southern and Antarctic Territories, Mayotte. It will be necessary a French Trademark in order to be protected over there.
  • Portugal: including the Azores and Madeira.
  • UK: included Gibraltar. Channels Island and the Isle of Man are not included, requiring protection through a national UK trademark.

That is why it is highly recommended to periodically check the status of your trademark portfolio with a team of professionals, such as protectia, in order to receive advice about a proper regional management to be able to make the most of these valuable assets.

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