Trademarks Law in Gibraltar (BOT)
Trademark Law in Gibraltar (British Overseas Territory)
1. Legal Framework
Trademark protection in Gibraltar is governed by:
The Trademarks Act 1993 (as amended)
Implementing provisions aligned with the European Union Trade Mark Regulation (before Brexit)
Now aligned with UK Intellectual Property law post-Brexit but with some local provisions
Administered by the Gibraltar Intellectual Property Office (GIPO)
2. What Can Be Registered as a Trademark?
Under Gibraltar law, trademarks include:
Words, letters, numerals, and combinations thereof
Logos, designs, shapes, colors, sounds (if graphically represented)
Position marks, motion marks, holograms
Collective marks and certification marks
The trademark must be distinctive and capable of identifying the goods/services of one enterprise.
3. Trademark Registration Process
Applications are filed with the Gibraltar Intellectual Property Office (GIPO)
Formal and substantive examination conducted
Application is published for opposition (usually 2 months)
If no opposition or opposition is rejected, the trademark is registered
4. Duration and Renewal
Trademark protection lasts 10 years from the date of registration
Renewable indefinitely for further 10-year periods
5. Rights Conferred
Exclusive rights to use the trademark in Gibraltar
Right to prevent unauthorized use or confusingly similar marks
Right to license, assign, or sell the trademark
6. Infringement and Enforcement
Infringement includes unauthorized use of identical or confusingly similar marks
Remedies include injunctions, damages, and destruction of infringing goods
Enforcement is through Gibraltar courts
7. International Treaties and Recognition
Gibraltar participates in the Madrid Protocol via the UK’s membership
Recognizes rights under the Paris Convention
As a British Overseas Territory, it aligns closely with UK trademark law but maintains its own registration system
Summary
| Feature | Details |
|---|---|
| Governing Law | Trademarks Act 1993 (as amended) |
| Registration Authority | Gibraltar Intellectual Property Office (GIPO) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | Usually 2 months |
| International Treaties | Madrid Protocol (via UK), Paris Convention |
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