Strategy for protecting IP abroad (EU/UK/USA)

Are you expanding into new markets and want your brand and product protection to be unified, efficient, and enforceable? We will design a strategy covering the EU, United Kingdom, and USA without unnecessary duplication or blind spots.

What we address first

• Where you are entering (sales, manufacturing, marketing) and when.
• What exactly we protect: name (word mark), logo (figurative/combined mark), shape/packaging (industrial design), technical solution (patent/utility model where applicable), content (copyright), domains, and social media handles.
• Ownership structure: who will be the central rights holder (holding/company) and who will be the licensees (subsidiaries/distributors). We set up a licensing framework (quality control) and assignment structure to ensure enforceability across jurisdictions.

Where and how to protect – overview

EU (27 countries)

• EU trademark (EUTM) via EUIPO: one filing for the entire EU, subject to revocation after 5 years of non-use.
• Registered Community Design (RCD): 5 years with renewals up to 25 years.
• Unregistered Community Design (UCD): automatic protection for 3 years from disclosure (fast but weaker protection).
• Domains and marketplaces: enforcement via UDRP/URS, platform brand protection programs, monitoring.

United Kingdom (UK)

• UK trademark (UKIPO) – EU protection no longer applies after Brexit.
• UK registered and unregistered design rights (including supplementary unregistered design protection for 3 years from disclosure).
• Customs enforcement: separate application with HMRC.

USA

• USPTO: “use in commerce” requirement – either you already use the mark or file an intent-to-use application and later prove use (Statement of Use). Goods/services descriptions must be precise and narrow.
• Design patent (15 years from grant, no maintenance fees) – strong protection for packaging/shapes.
• Copyright: registration recommended for stronger enforcement and statutory damages.
• Customs enforcement: recordation with US CBP.

How we unify the strategy – without unnecessary duplication

• International filings:
  • trademarks via the Madrid System (WIPO) covering EU, UK, US;
  • designs via the Hague System;
  • patents via PCT with national phase entry.

  This creates a single “umbrella” strategy while respecting local specifics (US use requirement, EU/UK non-use rules, etc.).

• Unified specification: we prepare a master Nice classification set and adapt it for the US (USPTO ID Manual requirements) to keep consistency across jurisdictions.
• Portfolio monitoring: centralized watch services (conflicts), takedown processes, and customs enforcement across EU/UK/US.
• Licensing & distribution framework: unified templates for all regions (quality control, sublicensing rules, audits).

Minimum “what and when” set

1. Before market entry: clearance search, domain/handle reservation, mark type selection (word mark preferred), design definition.
2. Immediate filings: EUTM + UK + US (via Madrid where applicable), RCD for key designs, US intent-to-use filing.
3. After launch: proof of use (US), customs recordation, marketplace brand protection, monitoring setup.
4. Within 6–12 months: expand classes/territories, licensing registrations, evidence of use maintenance (EU/UK non-use risk after 5 years).

Common pitfalls

• Relying on EU protection in the UK (it does not apply) and vice versa.
• Overly broad US descriptions → refusals or narrow protection.
• Only registering a logo without a word mark → weak flexibility.
• No proof of use in the US → loss or refusal.
• No customs enforcement → counterfeit goods enter markets despite registration.
• Exhaustion after Brexit: parallel imports between UK and EEA may be restricted.

Quick checklists by region

• EU: EUTM (word + figurative as needed) • RCD (packaging/design) • UCD at launch • customs application • monitoring.
• UK: UK trademark • UK design rights • HMRC customs recordation • monitoring.
• USA: trademark (use/intent-to-use + evidence) • design patent/copyright for visuals • CBP recordation • monitoring.

Budget and prioritization (phasing)

• Phase 1 (MVP): clearance + EUTM (word mark), US intent-to-use, UK trademark, key design filing.
• Phase 2 (scaling): figurative marks, class expansion, Hague filings, customs enforcement.
• Phase 3 (defense & licensing): monitoring, takedowns, licensing frameworks, renewals and use evidence.

What to prepare for onboarding (IP scan / briefing)

• Names / variants / slogans, logos (vector files), packaging/UI samples.
• List of goods/services (current + 12–24 months outlook).
• Sales channels, marketplaces, domains and social handles.
• Partner structure (manufacturing, distribution) and licensing plans.
• Budget limits and expansion timeline.