How do I register my trademark in other countries?

No 'worldwide' trademark registration is currently available.

A trademark is registered by a government of a country.

The Australian Government, for example, does not have power to register a trademark that would apply in the United States. Nor does the United States Government have the power to register a trademark that would apply in Australia.

Applying for registration in other countries

There are 2 ways of applying for registration of a trademark in other countries. You can either:

  1. file a separate application in each country where you decide to pursue registration, or
  2. file an application under the Madrid Protocol, and in due course nominate those countries where you want to pursue registration.

It is not mandatory to file a Madrid Protocol application.

You can file the application online from IP Australia's website. You can also engage a trademark attorney to file the application for you.

The advantage of a Madrid Protocol application is that it is a single application in English to IP Australia, instead of a separate application for each country in that country's language. This makes the application process less expensive, and simpler.

In practice, you would consider registering a trademark in those countries where you anticipate:

  • selling the products or services related to the trademark
  • exporting the products or services related to the trademark
  • licensing the products or services related to the trademark.