An intellectual property lawyer in the Isle of Man is able to assist all company owners interested in registering trademarks, patents or other recognized categories of intellectual property. The protection of these rights is guaranteed in order to encourage the creation of these works as well as to serve the purpose of specific industries in which patents and designs are important for manufacturing. Our team also handles trademark registration in Isle of Man, for those interested in this service.
The Isle of Man Government allows for the protection of intellectual property and there are a sound legislative framework is in place for this purpose.
Offshore company formation in the Isle of Man is attractive for many foreign investors because of the island’s close proximity to the European Union and the generally favorable conditions for doing business. The Intellectual Property (IP) regime is important in the context of an attractive business climate and, for the purpose of providing a comprehensive regime, the Island of Man has adopted some of the European Union principles on IP protection even though it is not part of the EU.
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Trademark registration in the Isle of Man
Trademarking words, sounds, logos, colors, or a combination of any of these, is possible. However, a trademark must not:
- Be offensive;
- Contain misleading terms;
- Contain generic, common, or non-distinctive terms;
- Contain any national flags, emblems, or hallmarks without special permission.
| Quick Facts | |
|---|---|
| Intellectual property legislation in Isle of Man |
– Copyright Act 1991, – Design Right Act 1991, – Patents Act 1977, – Registered Designs Act 1949, – Trade Marks Act 1994, etc. |
|
Intellectual property categories |
– copyrights, – patents, – trademarks, – designs |
|
Services offered by our intellectual property lawyers |
– trademark registration, – trademark infringement, – patent filing, – IP strategies, – dispute resolutions, – copyright enforcement, etc. |
| Patent protection |
Povides exclusive rights to the inventor for up to 20 years; Must be registered with the UK Intellectual Property Office. |
| Unregistered design rights protection |
Industrial or functional designs are protected for up to 15 years from creation, or 10 years from the first issuance on the market. |
| Registered design rights protection |
Ornamental designs are protected for up to 25 years. |
| Copyright protection |
Starts automatically as soon as the creative work is created; No registration required. |
| Criteria for trademark registration |
Must not: – be offensive, – be generic, – contain misleading terms, – contain national emblems without permission |
| How to register a trademark in Isle of Man |
Research available trademark; File application to UK Intellectual Property Office; Pay application fee; Wait for publication and any opposition filings. |
| Opposition period |
2 months |
| International trademark registration (YES/NO) |
YES |
| European trademark registration |
via the European Union Intellectual Property Office (EUIPO) |
| Publication of trademarks |
In the Trade Marks Journal |
| Why manage and license intellectual property |
It can help you generate revenue from your ideas, protect them, and stay ahead of competitors. Our accountants can help with managing IP income. |
| Additional services offered by our team |
We can also help with company formation in Isle of Man. Additionally, we can assist in opening a bank account for non-residents. |
As mentioned above, registering a trademark in Isle of Man is done by filing an application with IPO. The commission will review if the trademark respects all requirements. If the application is successful, the trademark will be published in the Trade Marks Journal. The opposition period for any trademark application is 2 months, which can be extended by another month if someone files a ”Notice of Threatened Opposition”. Our team of Isle of Man company registration agents can assist in trademark oppositions.
The process of trademark registration in Isle of Man usually takes 3-4 months, if there are no complications or objections.
Additionally, it is possible to register your trademark throughout the European Union via the European Union Intellectual Property Office (EUIPO). International trademark registration is also possible by filing an application under the Madrid System to the World Intellectual Property Organization (WIPO).
If you wish to monetize your trademark and receive royalties from its use, we can recommend our CPAs in Isle of Man for assistance.
Documents required to register a trademark in the Isle of Man
To apply for a trademark in the Isle of Man, you generally need to prepare and submit the following documents:
- Trademark application form: This is the primary document and must include: the name and address of the applicant, a representation of the trademark (logo, word mark, etc.) and a list of goods and/or services for which the trademark will be used;
- Proof of identity: you may need to provide identification documents for the applicant, such as: a copy of a valid passport/ID for individuals or a copy of the certificate of incorporation for companies;
- Power of attorney (if applicable): if you are appointing a representative (like a lawyer or trademark agent) to file the application on your behalf, a power of attorney document will be required;
- Prior trademark registrations (if applicable): if you are claiming priority based on an earlier trademark application in another jurisdiction, you must provide details of that application;
- Classification information: a clear specification of the goods and services must be provided in the application, ideally using the appropriate Nice Classification codes;
- Payment receipt: evidence of payment for the application fee should be included.
If you need support to register a trademark in this area or open a company in the Isle of Man, our company formation agents are at your disposal.
Intellectual property costs in the Isle of Man
The costs associated with intellectual property registration in the Isle of Man can vary based on the type of IP and specific services required. Find below the general cost categories to consider:
- Trademark registration costs: the application fee which is the official fee for filing a trademark application with the Intellectual Property Office (IPO) in the Isle of Man typically starts around £200 for the first class of goods/services. Additional classes may incur an extra fee, often around £50-£100 per class;
- Patent registration costs: the initial filing fee for a patent application can range from £100 to several hundred pounds, depending on the nature of the application and the complexity of the invention;
- Copyright registration costs: while copyright does not require registration to be valid, if formal registration is desired, there may be associated fees which can vary significantly based on the service or agency providing the registration;
- Design registration costs: the fee to register a design in the Isle of Man is usually around £100-£200 for the first design and additional fees for further designs.
For more information and support regarding the financial aspects of the intellectual property in this area and other business-related matters, you can rely on our accountants in the Isle of Man. Choosing a suitable CPA in the Isle of Man for your company can ease the process of studying the costs for registering trademarks or copyrights and also for the financial reports requested by the authorities.
Intellectual property categories
There are several recognized types of intellectual property categories and these are:
- Copyright: the written, audio or video creations which allow the owner to be the sole user.
- Trademarks: the slogans, names or combinations of number, colors, etc., used to identify a company or service.
- Patents: the manner in which an inventor can protect his creation.
- Designs: these can be industrial or functional designs as well as ornamental designs.
As far as the protection rights are concerned, these differ according to category. They can be summarized as such:
- Copyright: the rights do not depend on registration, the copyright enters into effect as soon as the work is created.
- Trademark: this is protected for ten years, with the possibility for an indefinite renewal, after registration with the Intellectual Property Office. Our team can help with trademark registration in Isle of Man.
- Patents: they can be protected for twenty years once they are registered with the Intellectual Property Office.
- Designs: these can be protected without registration for 15 years (or ten years after their first issuance on the market) – the period applies to industrial or functional designs.
Entrepreneurs who are interested in more details about these periods can reach out to our Isle of Man company formation agents for detailed information.
An intellectual property lawyer in the Isle of Man can help answer more detailed questions about intellectual property protection in the Isle of Man and the UK as well as abroad.
Individuals or legal entities can register a trademark in the Isle of Man with the Trade Marks Registry in the UK’s Patent Office (IPO). This also ensures trademark protection in the United Kingdom as well. The UK Trade Marks Act 1994 applies to the Isle of Man trademark protection and registration, with particular modifications outlined in the Trade Marks (Isle of Man) Order 2013 (SI 2013/2601). Our Isle of Man company formation specialistscan help with trademark registration.
IP rights protection in the Isle of Man
The protection of copyrights, trademarks, and all related categories is possible through a comprehensive legal framework designed by the Isle of Man government. Most of the laws are passed by the Isle of Man Government, with others extending from the UK Parliament. Although the Isle of Man is not part of the European Union, its laws and regulations on the protection of intellectual property are in line with the EU measure. This is a measure that allows and encourages investors from the EU to do business in the Isle of Man.
Many of the existing IP rights treaties that have been concluded internationally by the United Kingdom also apply to the Isle of Man. Examples include the Paris Convention for the Protection of the Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Patent Co-operation Treaty, the Madrid Protocol and others. Some of these treaties allow for a beneficial regime in which a trademark that is registered in one country can be available simultaneously in other countries.
Investors interested in offshore company formation can benefit from working with an intellectual property lawyer in the Isle of Man. Talking to our experts allows investors to understand how they can protect the name of their brand and products, their inventions, and the unique design of their products. We can also help with protecting any other items and assist in trademark registration in Isle of Man.
Working with our IP lawyers can also help those who are interested in obtaining a patent or who are involved in an IP dispute. IP rights need to be renewed in order to remain in force and this is another area in which a specialist can help business owners maintain their rights.
Apart from IP law matters, our team can also provide other solutions for businesses. When working with our accountants in the Isle of Man, you can rest assured that the company submits the annual return with the Companies Registry in due time and that it also complies with the other requirements.
Statistics about trademark registration in Isle of Man
Those interested in more information about trademark registration in Isle of Man can find the following statistics useful:
- 23 EUTA (European Union Trade Mark) applications were filed in 2023;
- 21 of these applications were officially registered;
- In total 6,207 EUTA applications were filed over the years;
- Only 1,132 of these applications were officially registered.
Furthermore, our services extend to offshore company formation. Additionally, we can also assist with opening an Isle of Man bank account for non-residents. Our Isle of Man specialists can offer support in various legal matters.
Investors interested in working with an intellectual property lawyer for trademark registration in Isle of Man can contact us for more information.