The following Decision by the Delegate serves as a reminder that in general, film titles will not function as trade marks.
In order to protect your brand in other countries you have two main options:
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.
A Madrid Protocol international trade mark application is a simpler and less expensive way of seeking trade mark protection overseas. Trade mark application through the Madrid Protocol offers and presents several advantages, such as:
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.
If you would like advice on how to protect your brand whether in Australia or internationally, please send us a message.