How to Protect Your Brand Overseas: A Beginner’s Guide for Australian Businesses

Expanding into overseas markets—whether through exporting, e-commerce, franchising, manufacturing, or licensing—offers enormous opportunities for Australian businesses. But there’s one critical step many businesses overlook, an Australian trademark does not protect your brand overseas.

If you begin selling internationally without proper protection, you risk losing your brand name, logo, or product identity in other markets — and in some countries, someone may even register your brand before you do.

In this article we explain how to protect your brand when expanding overseas and the steps Australian businesses should take before entering global markets.

Why Australian Trademark Rights Don’t Apply Overseas

Trademark rights are territorial. This means:

• A trademark registered in Australia protects you only within Australia.

• Other countries have their own trademark systems, rules, and enforcement processes.

• You must register your trademark in each country where you operate, sell, export, manufacture, or promote your products or services.

If you don’t secure overseas protection early, others can legally:

• copy your brand

• sell products under your name

• prevent you from using your own brand in that market

• block your Amazon / Shopify listings

• file oppositions against you later

Step 1: Conduct Trademark Clearance Searches in Each Target Country

Before filing a trademark overseas, you must determine if your brand is:

• available

• distinctive

• registrable

• free from conflicts

A trademark clearance search identifies identical or confusingly similar marks already registered internationally.

This reduces the risk of:

• rejection

• costly oppositions

• infringement disputes

• unintended brand conflict

Greyson Legal conducts Australian and international trademark searches tailored to your industry and expansion plan.

Step 2: Decide How You Want to File Internationally

Australian businesses have two main pathways for overseas trademark protection.

Option A: File Through the Madrid Protocol (Multi-Country Application)

Australia is part of the Madrid Protocol, allowing you to file one international application that covers 120+ countries. Benefits include:

• Cost-effective for multi-country filings

• Centralised renewals and portfolio management

• Easy to add more countries later

• Streamlined administration

Option B: File Directly in Each Country (Direct National Filing)

Some countries have stricter or more complex examination rules, making a direct filing the better option. For example:- United States (USPTO), China (CNIPA), Middle Eastern jurisdictions.

Greyson Legal can work with international associates to handle direct filings in any country.

Step 3: Register Your Brand Early — Before Launching Overseas

In some countries, such as China, whoever files first gets the rights — even if you used the brand earlier.

Step 4: Consider Local Logo Variants and Translations

Some countries require additional trademark versions, such as:

• Chinese character marks

• Japanese Katakana translations

• Spanish or Portuguese word equivalents

• Cyrillic or Arabic script versions

If consumers in another country will search for or speak your brand differently, registering the translated version helps prevent “brand hijacking.”

Step 5: Monitor and Enforce Your Rights Overseas

Trademark protection doesn’t end with registration. Ongoing brand protection includes:

• monitoring for similar new applications

• sending cease & desist letters

• conducting marketplace takedowns

• responding to oppositions

• enforcing legal rights through local counsel

Greyson Legal helps clients maintain strong brand protection across all registered countries.

Step 6: Build a Long-Term International Brand Strategy

As your business grows, consider:

• expanding your protection to more countries

• defensive trademark filings

• licensing or franchising opportunities

• renewing registrations every 10 years

• managing ownership transfers or assignments

• protecting packaging, logos, taglines, and product names

Your trademark portfolio should grow with your business.

Conclusion

International expansion is exciting — but it also exposes your brand to new risks. With the right trademark strategy, you can:

• stop competitors copying your name

• avoid expensive legal disputes

• build a global brand with confidence

• protect your e-commerce presence

• increase the value of your business

• future-proof your intellectual property

Need Help Protecting Your Brand Overseas?

Greyson Legal assists businesses across Australia with international trademark registration, Madrid Protocol filings, direct national filings, brand enforcement, and global IP strategy.

Contact Greyson Legal – International Trademark Lawyers

📞 0411 248 885 📧 mail@greysonlegal.com 🌐 www.greysonlegal.com