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:
- file a separate application in each country where you decide to pursue registration, or
- 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.