INTERNATIONAL TRADEMARKS

Q:    Can I register my trademark world-wide?

A:    Unfortunately, there is no such thing as a "world-wide" trademark registration. Generally, this is a country-by-country process. A few years ago, Australia became a member of the Madrid Protocol. There are over 80 members to this protocol, allowing for a much simpler international registration system. For more information about Madrid Applications, please click here.

Q:    If I already have the trademark in Australia, does this give any protection overseas?

A:    In short, not really. However, if you have filed an application in Australia you are given a six month "priority period" to file overseas in most countries. If the specific country allows a priority application, it means that your application in that country will be 'back dated' to reflect the same filing date as your Australian one. So, if anyone else files for the same or similar mark during those six months, yours will be treated with priority.

Q:    What if someone else is already registered in a country I plan to take my product or service to? 

A:    As explained in other areas of this website, trademarks are registered in respect of the goods and/or services you use. So, if someone else has registration for different goods or services it won't pose a problem. If someone is registered for the same or related use, it could be a problem. In some countries, such as China for example, trademark registration is treated as "first in, first served". So, whether you have been using it longer or not, if it is registered in China, you won't be able to register the same trademark. In other countries, if you can demonstrate that you have used the trademark longer, or are recognised more often by that trademark than the registered owner, you may still be able to gain registration.