The Gibraltar authorities have enacted a revision of the Trade Marks Act, which entered into law on 1 January 2021.
 
Under the provisions of the new law, EU rights cloned on to the UK Register as of 1 January, namely registrations at the EUIPO and International Registrations designating the EUIPO, will be automatically valid in Gibraltar without requiring local re-registration. 
 
The new law also  recognises International Registrations designating the UK as being valid and enforceable in Gibraltar, without requiring local re-registration. This is after the UK Government ratified the Madrid Protocol on behalf of Gibraltar in October; whilst Gibraltar cannot be designated separately, a designation of the UK will include Gibraltar. However, the law also states that all UK designations of International Registrations are recognised, so it would seem that all UK designations now cover Gibraltar, regardless of when they were filed.
 
Applications filed at the Gibraltar Registry must still be based on national UK registrations.

For more information please contact the author, Martin Chinnery, at martin@lysaght.co.uk