If you want to trade overseas or sell to foreign customers via the internet you should consider seeking trade mark protection in the countries you plan to trade.
Your Australian trade mark is only valid in Australia. Which means it’s important to get protection in your key markets before you start exporting.
There are two ways you can seek trade mark protection overseas. You can file an application directly with each country, or you can file a single international application with us nominating the relevant Madrid Protocol countries in which protection is required. In most cases, this will depend on your budget and countries of interest.
You can work out roughly how much your international trade mark protection will cost by using our international fee calculator.
The Madrid Protocol is a treaty that provides international registration of trade marks. As an Australian trade mark owner you can seek trade mark protection in member countries of the Protocol, through a single international application in English. This can be simpler and less expensive than applying directly to each country.
When your international registration is granted in a chosen country, your trade mark will have the same protection as a national registration in that country.
Before you apply for an international trade mark it is important to search the databases of your chosen countries to identify trade marks that may be similar to yours, as this may cause a conflict.
Trade mark offices often provide free searchable records of existing trade marks on their websites. International Bureau (IB) records can be searched for free using the Madrid System (ROMARIN).
Find out more about what you need to do before you apply for an international trade mark.
If you are exporting and want more information on how to protect your IP visit IP Australia’s doing business overseas page.
Jessica Huntley
IP Australia www.ipaustralia.gov.au
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