To obtain an international trademark under UK law, you must first meet certain eligibility requirements. Primarily, you need to have a registered trademark in the UK or a pending application with the UK Intellectual Property Office (UKIPO). This serves as your "home" application or registration, which is a prerequisite for filing an international application under the Madrid Protocol.
The Madrid Protocol allows you to extend your trademark protection to multiple countries with a single application, but it's essential that your UK trademark is in good standing, as any issues with your home application can affect your international application.
Additionally, you must ensure that your trademark is distinctive and not descriptive of the goods or services it represents, as this could lead to objections during the examination process in other jurisdictions.
It's also important to consider the specific classification of goods and services under the Nice Classification system, as this will determine the scope of your protection internationally.
Finally, while not a legal requirement, having a clear strategy for the countries where you seek protection can be beneficial, as it helps in managing costs and ensuring your brand is protected in key markets.
Navigating the complexities of international trademark registration can be challenging, so consulting with a legal expert can provide valuable guidance and increase the likelihood of a successful application.