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International Trade Marks

There's no such thing as a ‘world-wide’ trade mark. To register trade marks in countries outside of Australia, an application must be filed in each country of interest. This may be achieved via different strategies, depending on your circumstances and goals.

Filing methods

The Madrid Protocol

The Madrid Protocol is an international registration system, which allows a trade mark to be registered in a number of countries based on a single application. To be eligible to use the Madrid Protocol, you must own the specific trade mark in Australia, or at least have filed an application for it.

Current members of the Madrid Protocol include Australia, New Zealand, United States, United Kingdom, Japan, China, Singapore, Germany, Spain and France.

European Community Trade Mark (CTM)

The CTM system of registration provides trade mark protection in all 27 countries, which are part of the European Union, via a single application.

While being a cost effective option for registering a trade mark throughout Europe, the downside of a CTM is that if one country within the European Union rejects the CTM, then it is treated as being rejected in all countries within the European Union. It follows that a challenge of a trade mark in one country within the European Union will amount to a challenge of the CTM with respect to all countries.

How we can assist you

We can assist you by:

  • advising on international trade mark registration strategies
  • preparing and filing international trade mark applications
  • using our proven network of international trade mark agents to assist with filing applications in countries of interest
  • conducting international trade mark availability searches

We’re very experienced in international trade mark matters, having successfully registered trade marks in more than 40 countries.