International Trade Mark Application

There are two key pathways in terms of protecting your brand as a trade mark in other countries and territories.

1. File a trade mark application in each country where protection of your brand is sought
2. File a Madrid Protocol international trade mark application through the Madrid International System, designating multiple countries through one filing

In order for the filing that you make to retain the original filing date of your Australian trade mark application, the filing(s) whether via path 1 or 2 above must be made within 6 months of the original filing date of your Australian trade mark application.

Madrid Protocol international trade mark application

A Madrid Protocol international trade mark application is a simpler and more cost effective way means of seeking trade mark protection overseas. Trade mark application through the Madrid Protocol offers and presents several advantages, such as:

• A single filing of the international trade mark application.
• All correspondence will be in one language.
• It is filed through the national trade marks office of the home country
• Protection can be sought in one, some or all of the member countries and territories
• Updates of ownership and renewals can be handled centrally

Direct trade marks vs. Madrid Protocol international trade mark application

There are some circumstances where filing a trade mark application directly in countries of interest may be a better option than filing a Madrid Protocol international trade mark application. Therefore, it is important to obtain the advice of a trade mark attorney prior to seeking international trade mark protection.

About to file an international trade mark application?

If you would like advice on how to protect your brand whether in Australia or internationally, please send us a message.