In today’s digital and global economy, your brand can reach customers in dozens of countries, sometimes without you even trying, but while your business may expand effortlessly across borders, your trade mark rights don’t.
Consequently, securing an international trade mark, in addition to your Australian trade mark, is a smart and often necessary step for any company planning to grow beyond borders.
With one application, in one language, and with payment of one set of fees, Rankin Business Lawyers can help you seek protection in 131 countries that are members of the Madrid Protocol. This saves time, reduces administrative burdens, and cuts down on legal fees compared to filing separately in each country.
An international trade mark isn’t a single, global trade mark that protects your brand everywhere. Instead, the Madrid Protocol underpins a system that allows you to simultaneously apply for trade mark protection in multiple countries. The Madrid Protocol is based on the international treaty for trade mark registration, and is administered by the World Intellectual Property Organization (WIPO).
Before you apply through the Madrid System, you’ll need to make sure your application meets the following requirements:
- You must have a trade mark application and/or registration in Australia on which to base your application.
- You must meet entitlement requirements within Australia. To meet entitlement requirements, you must be either an Australian citizen, an Australian resident, someone who owns a real industrial or commercial establishment in Australia, or a person or organisation with business premises in Australia.
- The mark on the international application must be identical to that contained on the Australian application/registration.
- The goods and services in your international application must be covered by the claims in the Australian application/registration.
- The applicant on the international application must also be the applicant on the Australian application/registration.
Whether you have global locations, sell on Amazon, Etsy, Alibaba, or through your own site, international and online exposure means your brand is visible – and vulnerable – worldwide!
Don’t forget that a trade mark is an asset. When protected internationally, it shows potential purchasers, investors, partners, customers, and – of course – your competitors that you’re serious about your brand and growth strategy. This can also open doors to licensing deals, franchising, or mergers.
A strong brand is one of your business’ most valuable assets. But in the international marketplace, it only stays strong if it’s legally protected. By securing an international trade mark, you’re not just protecting your intellectual property, you are setting your business up for scalable, sustainable global growth.
Rankin Business Lawyers specialises in intellectual property law. Contact us for expert advice on how to manage your business’ international trade mark registration requirements.
Stacey Brennan
Lawyer
