However, there are essentially two ways to secure protection of a trademark outside of Australia.
1. The filing of national applications to each country of interest will usually require the engagement of an appropriate agent in each particular country.
2. The filing of a single application seeking international registration through the Madrid Protocol and designating the other ‘member’ countries of interest. This application must be based on your national (Australian) application when filing from Australia.
Where possible and appropriate, the Madrid Protocol application is the simplest and most cost effective. Australia joined the Madrid Protocol in 2001, and since then it has been possible to file a single application through the treaty and simply designate the other protocol members to whom you wish to extend your trademark registration. Likewise, since 2001 applicants who have a national application in another protocol member country may file a single application designating Australia.
There are set criteria in place to determine whether you are eligible to file through this system, which should be carefully considered before investing the time and funds.
For international trademarks, there are no set rules and streamlined processes, as each country has its own way of processing a trademark or design mark. The time frame to obtain a trademark is much longer in some countries compared to Australia and New Zealand. For example in India and Malaysia, it could take up to 24 months to obtain a trademark, whereas in Canada and the US, it may take up to 15 months.
If you have interest in protecting your trademark outside of Australia, please contact us for a quote.