If you operate a Business in Australia and have registered one or more trade marks for trade mark protection in Australia, it is important to be aware that such protection does not automatically protect your trade mark internationally.
Trade marks are enforceable in the jurisdiction where protection has been applied for, granted and current.
If you export goods, trade mark registration in Australia alone will be insufficient to protect your brand internationally.
If you already hold an Australian trade mark, there are two (2) avenues you can follow if you want to extend trade mark protection overseas:
File an application directly in each country you require trade mark protection; or
If the country you require protection is a party to the Madrid Protocol, file a single application through IP Australia nominating those Madrid Protocol countries in which protection is required.
Whether it is better to apply directly to a country of interest instead of seeking international registration under the Madrid Protocol will depend on individual circumstances.
Madrid Protocol System
The Madrid Protocol System is an international system based on the above treaties which facilitates the registration of trademarks in multiple jurisdictions around the world.
Through this system it is possible to make application through a centrally administered body (International Bureau of the World Intellectual Property Organization (WIPO)), rather than seeking trade mark protection separately in each individual country or region of interest. This reduces time and costs and makes it easier to manage multiple trade marks.
(Non-Madrid Protocol Countries)
With respect to countries that are not members of the Madrid Protocol it is important to check the specific process adopted in the country where you are seeking trade mark registration.
For further details or assistance with international trade marks, contact Greyson Legal | Trade Mark Lawyers.