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international trademark

When Should You Consider Getting an International Trademark?

Trademarks only provide you protection within the country that you have made the application. This means, Australian trademarks registered with IP Australia only protect you within Australia. If your business operates globally, it may be advisable to file for an international trademark. An example might be if you intend to export good and services, or are already doing so.

However, you should only consider getting an international trademark where you meet the following requirements:

  • You already have an application which meets the entitlement requirements in Australia or you already have a successful registration in Australia;
  • You are making your international trademark application within six months of applying for an Australian trademark;
  • The international trademark and the goods and services with which it covers is identical to the Australian trademark

What’s Involved in the International Trademark Registration Process?

Before applying internationally, you must first apply for a trademark with IP Australia. Our lawyers at LegalVision can assist you if you need help applying with IP Australia.

Upon making an Australian application, you can file for an international trademark in two ways:

  • Make an individual application to each country that you wish receive trademark protection; or
  • File a Madrid Protocol international trademark application nominating the countries in which you want to be protected

Whether you use the first or second method depends on your business goals. For example, if your business only exports to one country, an individual application to that country may be the most suitable application. Conversely, a Madrid Protocol application may be more aligned to your business if you require trademark protection in a number of countries.

As these filing methods each have their unique advantages and disadvantages, it is advisable that you speak with an experienced trademark lawyer. Speaking with a lawyer can help reduce time, cost, and increase the success rate of your application.

If you require advice on filing for an international trademark or making a local application, get in touch with us today.

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