Overseas trade mark applications
Highly skilled and qualified trade mark attorneys, offering expert advice regarding trade mark registration, renewal and defence both domestically and internationally.
A trade mark registered in Australia only protects your brand in Australia. If you sell, manufacture or have key partners overseas, those markets need their own protection.
The Madrid System lets you cover many countries through a single international application. However, for the first five years that filing depends on your Australian mark, and not every country is a member. A trade marks attorney helps you choose the right route for each market and time your filings around your plans.
Why make an overseas trade mark application?
If you have successfully registered your trade mark in Australia and are now hoping to expand your business operations overseas, securing similar protection overseas will be necessary. Trade mark protection is jurisdictional.
An overseas trade mark application can protect your brand and business activities outside Australia.
Even if you do not intend to trade in a country physically, if you are manufacturing or producing goods outside Australia, or if you have any key partnerships or customers overseas, applying for a trade mark overseas is strongly recommended.
Without adequate protection overseas, your intellectual property can be infringed upon with no effective legal recourse available to stop these actions. This may cause lasting damage to your reputation and the value of your business.
The international trade mark application process
While trade mark applications in Australia are handled by IP Australia, international applications are typically made via the Madrid System and overseen by the World Intellectual Property Organisation (WIPO).
The Madrid System allows you to file a single international trade mark application and pay one set of fees to apply for protection in up to 130 countries.
This centralised system also allows for simplified trade mark applications and management with the option to add protection in additional countries as needed.
Applications and associated payments are made online with WIPO via the secure eMadrid platform. Submissions are carefully reviewed for compliance before being confirmed or declined registration.
Further, not all countries are members of the Madrid Protocol, and some applications will have to be filed directly into the overseas country of commercial interest.
Can I make an overseas trade mark application without help?
As an online system that is readily accessible, international trade mark registration may appear to be an easy process to manage independent of any professional help. However, this is rarely the case.
Your application must be properly prepared in compliance with all relevant criteria outlined by WIPO. As part of this, in-depth searches must be completed to ensure no possibility of infringement on existing marks in each country you’re applying for protection with.
Difficulties interpreting what is required and ensuring you are applying for appropriate protection are common challenges for inexperienced applicants.
Engaging a qualified trade mark attorney to handle your international trade mark application is strongly recommended, enabling you to avoid errors and expedite a favourable outcome.
How a trade mark attorney can help
Highly skilled and specially qualified, a trade mark attorney is an expert in all aspects of trade mark law.
Due to this, they are best placed to oversee all aspects of trade mark registration, renewal and defence both in Australia and overseas.
With an in-depth understanding of legal terminology and how to navigate international trade mark law as per the Madrid Protocol and direct filings, a trade mark attorney gives you a greater chance of success with your application.
From preparing an international trade mark application, lodging it, ensuring its securement and defending it from infringement, a trade mark attorney can do it all.
Book your free consultation
Submit a form enquiry below and our friendly attorneys will be in touch as soon as possible.
Our process
We guide you through every stage of the trade mark process, from initial assessment to granted protection.
01
Submit an enquiry & book a free consultation
Begin by submitting an enquiry and scheduling a free, no-obligation consultation. This can be conducted in-person, online, or over the phone, whichever suits you best.
02
Receive tailored IP protection recommendations & quote
Following your consultation, IP Guardian will assess your situation and prepare clear, customised recommendations outlining the most suitable IP protection pathways for your idea, brand, or invention. You will receive a detailed quote and guidance on next steps.
03
Engage IP Guardian & secure your IP
Once you are ready to proceed, simply engage IP Guardian by completing our client onboarding. Our team will then prepare and file all necessary applications on your behalf. From this point forward, your intellectual property is on the pathway to full legal protection.
Meet our dedicated trade mark attorneys
At IP Guardian our team of highly qualified trade mark attorneys offers decades of combined experience, allowing us to offer unmatched support and advice.
Our international trade mark application services offer a stress-free, straightforward solution for securing the protection of your intellectual property, giving you valuable peace of mind.
As part of our services, where required we can also manage incidences of trade mark infringement. Swiftly dealing with the misuse of your trade mark and protecting against loss.
Passionate about protecting Australian enterprises, our services are designed to be both affordable and accessible with zero compromises on quality. As leaders in our field, we ensure your trade mark rights are recognised and properly protected both in Australia and overseas.
Barry Meskin
Ali Al-anbuky
Matthew Howe
Mike Biagio
Simon Murphy
Sandra Murphy
Tom Hamilton-Gilligan
Dr Seán Klinkradt
Robin Richardson
Client testimonials
We’re proud to work alongside clients who trust us not just with their IP, but with their vision. Here are a few examples of how our IP attorneys have helped brands, inventors, and entrepreneurs secure and enforce their intellectual property rights.
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