One Federal Court decision clarifies what is considered as “authorised use” of a trade mark wherein the trade mark user is not the trade mark owner but a subsidiary of the owner’s company.
International Trade Mark Applications
Applying for international trade marks
In order to protect your brand in other countries you have two main options:
- File a trade mark application in each country of interest
- File a Madrid Protocol international trade mark application
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 less expensive way of seeking trade mark protection overseas. Trade mark application through the Madrid Protocol offers and presents several advantages, such as:
- Only a single international trade mark application is required
- It is in one language
- It is filed through the Trade Marks Office of the home country
- Protection can be sought in one, some or all of the member countries
- 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.