Should I Register My Trade Mark Overseas?
Emily Young
A trade mark is a type of intellectual property (IP) with many benefits for protecting your business’ brand. A trade mark gives you exclusive rights and prevents others from using your branding. Also, it helps you stand out from your competitors, including internationally. If you are planning on taking advantage of the online market or are considering expanding your business abroad, you should consider protecting your trade mark overseas.
This article will explain whether your trade mark will protect you overseas. It will go through the benefits and drawbacks of registering your trade mark overseas and will give you some tips on things you should consider before registering your trade mark overseas.
Will My Australian Trade Mark Protect Me Overseas?
A trade mark registered in Australia will only give you trade mark protection within Australia. However, it is possible to register your trade mark overseas, either in a specific country or in multiple countries.
Should I Register My Trade Mark Overseas?
If you operate or plan on operating your business overseas, it is a good idea to consider registering your trade mark overseas. There are a number of benefits to registering your trade mark overseas. For example, these include:
- giving your brand protection and stopping other businesses from making or selling your product;
- helping you broaden your business opportunities by giving you entry to an overseas market; and
- making sure you are not infringing on someone else’s trade mark when operating overseas.
There are also several drawbacks to registering your trade mark overseas. These include:
- the potentially high costs involved with registering your trade mark overseas;
- a higher chance that your trade mark is already registered overseas; and
- different countries giving your trade mark different levels of protection.
How Can I Register My Trade Mark Overseas?
There are two ways you can register your trade mark overseas. You can register your trade mark internationally by either:
- applying directly to a country’s IP office; or
- applying through the World Intellectual Property Organisation (WIPO) using the Madrid Protocol.
If you plan on registering your trade mark in several countries, the Madrid Protocol lets you register your trade mark in multiple countries in one application. This makes applying for international trade mark registration easier and more cost-effective.
For instance, some potential costs involved with registering your trade mark overseas include:
- WIPO filing fees;
- registration fees;
- legal fees; and
- handling fees.
Tips for Registering Your Trade Mark Overseas
Registering an overseas trade mark can be complex, and it is important to do your research before applying. Three things you need to know when registering your trademark overseas include:
- what countries you will apply to. You should know where you want to register your trade mark will help you learn the basic IP rules for that country;
- your brand. Determining what type of IP you have and want to trade mark overseas will help make the international application process easier; and
- the risks. Above all, you must make sure your trade mark is available for use overseas and understand the risks involved in infringing on someone else’s trade mark. You can check this using the WIPO trademark database. It is also a good idea to know your rights in the instance that someone infringes on your trade mark.
These three tips will make the registration process easier and increase the chances of your trade mark registration succeeding.
Key Takeaways
Your trade mark registered in Australia will not give you trade mark protection internationally. However, if you want to operate your business overseas, registering your trade mark internationally is a great way to protect your brand. Ultimately, it is up to you to decide if registering your trade mark overseas is best for your business.
If you need further legal assistance with trade marking your brand overseas, our experienced trade mark lawyers can assist. Call us on 1300 657 423 or complete the form on this page.
Frequently Asked Questions
Your Australian trade mark will not protect you overseas. A trade mark registered in Australia only gives your trade mark protection within Australia. However, you can apply to have your trade mark registered overseas in as many countries as you need if you believe it is suitable for your business.
Having a trade mark registered overseas is a great way to protect your brand internationally. With international trade mark registration, you can expand your business overseas while stopping other businesses from making, using, or selling your product.
An international trade mark registration is valid for 10 years. After this, you will have to renew your trade mark and pay the applicable fee to maintain your overseas trade mark.
You can register your trade mark overseas by applying directly to a country’s IP office or applying through the World Intellectual Property Organisation (WIPO) using the Madrid Protocol. The Madrid Protocol is an international treaty that lets you apply for several international trade marks in one application.