International trade marking
An Australian trade mark only provides protection within Australia. There are two main ways in which an Australian mark may be protected overseas.
- Filing an application directly with each country; or
- Filing a single application for all countries who are party to the Madrid Protocol.
Madrid Protocol Countries
Filing a Madrid Protocol application where you wish to use your proposed mark in more than one of the member countries is the most economical and efficient way of registering your mark internationally.
You must have an Australian trade mark application or registration for your proposed mark prior to filing a Madrid Protocol application. Where the Madrid Protocol application is filed within 6 months of the Australian application, the filing date of the Madrid Protocol application will be backdated to the date of the Australian application, so that your national and international marks receive protection from the same date.
The international mark must be identical to the mark on the Australian application or registration and must be owned by the same entity. The goods and services must also be covered by the Australian application or registration.
As the application fees vary depending on the number of classes and countries applied for, we provide you with an estimate of the fees for the international application after further discussions.
Your international trade mark, once registered, will be protected for 10 years, which is the same as the Australian registration period.
Non-Madrid Protocol Countries
We may need to appoint an agent in some countries and can provide you with further advice once you have indicated the countries you are interested in filing applications in.
Where any individual country application is filed within 6 months of the Australian application, the filing date of that application will be backdated to the date of the Australian application, so that your national and international marks receive protection from the same date.
We can advise you on the best course of action once you have indicated the countries you would like your proposed mark in.
Fill in your details below and we will contact you, or simply call us on 1800 454 001.