“The intention behind why a trade mark is filed is important in determining whether the application is valid.”- Barry Meskin
International Trade Mark Applications
How to apply 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 you make to maintain 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 international trade mark application is a simpler and less expensive way of seeking trade mark protection overseas and presents several advantages:
- 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 so it is important to obtain the advice of a trade marks 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.