IPO attaché in North America
The below provides guidance and helpful information on the IPO's attaché based in North America
Introduction
Kayleigh Nauman is the Intellectual Property Office’s (IPO) attaché based in North America.
How I can help
I support the IPO’s input into UK Free Trade Agreement (FTA) negotiations in North America by providing insight into North American IP policies and IP stakeholder input.
I can help by:
- building cooperation between the United Kingdom (UK) and United States (U.S.) and UK and Canada on IP matters such as global treaties, simplifying international patent procedures, approaches to IP enforcement, and emerging technological, life sciences, and other issues
- providing IP advice and support to UK businesses operating or trading with the U.S., Canada, and Mexico
I am always happy to hop on a one-to-one call to discuss your IP needs when preparing to export to the United States, Canada, or Mexico.
How I can be contacted
Email askinternational@ipo.gov.uk and I will respond to your query within 10 working days.
Advice for UK exporters
The IP regimes of the U.S., Canada, and Mexico largely parallel that of the UK. While there are a few important differences, UK IP rights holders should find the process of applying for IP protections familiar.
When considering protecting a patent or trade mark in multiple countries, and/or if a British company is considering registering IP in the UK and in other countries, British companies may want to consider applying through international treaties to reduce their administrative burden:
- global Patent Prosecution Highway (PPH) – for patents, apply through local IP office, one application for multiple countries, program to fast track applications
- Patent Cooperation Treaty (PCT) – for patents, apply through local IP office, one application for multiple countries, not a fast track
- Madrid System – for trade marks, apply through local IP office, one application for multiple countries, not a fast track
In the UK, many businesses rely on common law trade marks to protect their brand and reputation. However, due to the size of the market, it’s advisable to formally register a trade mark in the United States. Its also strongly recommended that businesses review the U.S. trade mark registry before filing to ensure there aren’t already similar marks registered. There are two main differences when filing a trade mark application in the U.S. compared to the UK:
- applicants must show that they are already using their mark in commerce in the U.S.
- applicants must list a U.S. attorney on their application
Attractiveness for UK businesses exporting to North America
- North America has a large and diverse market.
- exporting from the UK to the United States
- the UK’s Department for Business and Trade (DBT) in North America
Typical issues to be aware of
- legal costs are typically higher and attorneys are needed more frequently in the U.S. than in the UK
- some exporters have struggled to enforce their rights in Mexico due to cultural differences