How do I register my trade mark in other countries?

No 'worldwide' trade mark registration is currently available.

A trade mark is registered by a government of a country.

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

Applying for registration in other countries

There are 2 ways of applying for registration of a trade mark 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 trade mark 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 trade mark in those countries where you anticipate:

  • selling the products or services related to the trade mark
  • exporting the products or services related to the trade mark
  • licensing the products or services related to the trade mark.