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Selling or Manufacturing Abroad? Why UK Registration Isn’t Enough
HGA Member Insights | National Business Register
Selling or Manufacturing Abroad? Why UK Registration Isn't Enough
Taking your home and gift business international? Here's why protecting your brand and designs overseas matters more than you might think.
British home and gift brands are finding opportunities around the world, but expanding internationally comes with some important considerations when it comes to protecting your business.
Whether you're having products manufactured overseas, selling through your website, Amazon or Etsy, or exhibiting at international trade shows, taking your business beyond the UK can open some exciting doors.
However, there's one common assumption that can catch businesses out: believing that registering your brand or designs in the UK automatically protects them everywhere else.
The important thing to know
A UK trade mark or design registration doesn't automatically protect your business overseas. If you're manufacturing, selling or exhibiting internationally, you may need additional protection in those markets.
Understanding your rights
Why UK protection stops at the border
Registered trade mark and design rights are territorial. This means a registration in the UK generally only provides protection within the UK itself.
Brexit has made this particularly important for businesses trading with Europe. UK and EU registrations are now separate rights, so businesses looking for protection in both markets generally need to secure both.
It's also worth remembering that many countries place significant importance on who registers a brand first. Even if you've been using your business name in the UK for years, that doesn't necessarily mean you'll have the right to use it in another country.
What could go wrong?
Four risks home and gift businesses should know about
1. Your manufacturer registers your brand
An overseas manufacturer, distributor or agent could apply to register your brand in their own name. Depending on local laws, this could make it more difficult or expensive for you to use or protect your own brand in that country.
2. Your bestselling products are copied
Giftware, homeware and seasonal collections can be particularly vulnerable to copycat products. Without registered rights in the relevant country, challenging these copies may be much harder.
3. You reveal your designs too early
International trade shows are brilliant for getting your products in front of buyers, but displaying a new design before filing for protection can affect your ability to register it in some countries.
4. You have to rebrand overseas
Imagine building demand for your products in a new market, only to discover someone else already owns the rights to your business name there. You could face the cost of rebranding or negotiating to acquire those rights.
Your protection options
How can you protect your brand internationally?
The good news is that there are several ways to protect your intellectual property when expanding overseas. The right approach will depend on where you manufacture, sell and plan to grow.
Country-by-country registration
Apply directly for protection in individual countries that are important to your business, such as the United States.
EU-wide protection
An EU trade mark can provide protection across all EU Member States through a single registration. EU-wide registered design protection is also available.
International registration systems
The Madrid System for trade marks and the Hague System for designs provide a more streamlined way to seek protection across multiple participating countries. Individual countries' requirements still apply.
A particular warning about product designs
Timing really matters. Displaying, advertising or selling a new design before applying for registration can affect your eligibility for protection in some countries. Although certain markets offer grace periods, others are less forgiving. Planning your applications before launching or exhibiting a collection is generally the safest approach.
Practical next steps
Five things you can do to protect your business
You don't necessarily need to register everything everywhere. The key is understanding where your business is exposed and putting the right protection in place early.
1. Plan ahead. Think about your international ambitions when making your first UK application. Priority periods can be short, so getting advice early matters.
2. Map your markets. Identify where your products are manufactured, sold and exhibited, including online marketplaces.
3. File before you share. Where possible, apply for design protection before sending new designs to overseas factories or revealing them publicly.
4. Put agreements in writing. Make sure your manufacturing and supplier agreements clearly establish ownership of your brand and designs, with appropriate restrictions on unauthorised registration or sales.
5. Keep an eye on registrations. Monitoring relevant trade mark registers can help you identify potentially conflicting applications while there may still be an opportunity to oppose them.
Expert support from our members
How National Business Register can help
HGA member National Business Register Group (NBR) helps UK businesses protect their brands and designs both at home and internationally.
For home and gift businesses looking to manufacture, exhibit or sell overseas, the NBR team can help with:
- Registering trade marks and designs in the UK, EU and other international markets.
- Identifying which countries to prioritise for protection, helping avoid unnecessary costs.
- Drafting NDAs, manufacturing agreements and supplier contracts for overseas partnerships.
- Monitoring international registers for potentially conflicting or copycat applications.
Whether you're exploring your first overseas market or already trading internationally, taking time to review your intellectual property protection now could help prevent costly problems further down the line.
Taking your business international?
Make sure your brand and designs are protected wherever your business takes you. Get in touch with National Business Register to discuss your options.
Contact National Business RegisterOr call 0800 069 9090
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