Trade mark protection around the globe

Trade mark registrations are the most cost-effective way to protect your brands and reputation overseas.

Trade mark protection is granted on a country by country basis. An Australian trade mark registration will protect your brand in Australia only. For protection outside Australia, separate national registrations will be required.

Fortunately there are systems in place to simplify the process of obtaining trade mark protection in multiple countries. Two popular options include:

  1. filing separate national (or regional) applications with the intellectual property office of each country of interest (or region of interest in some cases – for example, a regional system is available in Europe); or
  2. filing an application for an international trade mark registration.

Option 1: Separate national applications

Individual trade mark applications can be filed in each country (or region) where you are seeking to protect your trade mark. Using our network of associates, applications are filed directly with the relevant government intellectual property office.

Option 2: An international trade mark registration

International trade mark registrations offer a simple and cost-effective process for obtaining trade mark protection in more than 80 countries participating in the system. The participating countries include the UK, the USA and China.

The process starts by filing a single trade mark application with the World Intellectual Property Office (WIPO) and selecting the participating countries of interest. Each of the selected countries then has 18 months either to raise an objection or to extend national protection to the trade mark.

International registrations were created by an agreement between the participating countries known as the Madrid Protocol, so are often referred to as ‘Madrid applications’ or ‘Madrid registrations’.

The requirements and costs for either option vary, depending on the countries of interest. To find out more and discuss costs, please contact us.