Trade Mark

Overseas Trade Mark Applications

Highly skilled and qualified trade mark attorneys, offering expert advice regarding trade mark registration, renewal and defence both domestically and internationally.

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Why Make An Overseas Trade Mark Application?

If you have successfully registered your trade mark in Australia and are now hoping to expand your business operations overseas, securing similar protection overseas will be necessary. Trade mark protection is jurisdictional.

An overseas trade mark application can protect your brand and business activities outside Australia.

Even if you do not intend to trade in a country physically, if you are manufacturing or producing goods outside Australia, or if you have any key partnerships or customers overseas, applying for a trade mark overseas is strongly recommended.

Without adequate protection overseas, your intellectual property can be infringed upon with no effective legal recourse available to stop these actions. This may cause lasting damage to your reputation and the value of your business.
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The International Trade Mark Application Process

While trade mark applications in Australia are handled by IP Australia, international applications are typically made via the Madrid System and overseen by the World Intellectual Property Organisation (WIPO).

The Madrid System allows you to file a single international trade mark application and pay one set of fees to apply for protection in up to 130 countries.

This centralised system also allows for simplified trade mark applications and management with the option to add protection in additional countries as needed.

Applications and associated payments are made online with WIPO via the secure eMadrid platform. Submissions are carefully reviewed for compliance before being confirmed or declined registration.

Further, not all countries are members of the Madrid Protocol, and some applications will have to be filed directly into the overseas country of commercial interest.
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Can I Make An Overseas Trade Mark Application Without Help?

As an online system that is readily accessible, international trade mark registration may appear to be an easy process to manage independent of any professional help. However, this is rarely the case.

Your application must be properly prepared in compliance with all relevant criteria outlined by WIPO. As part of this, in-depth searches must be completed to ensure no possibility of infringement on existing marks in each country you’re applying for protection with.

Difficulties interpreting what is required and ensuring you are applying for appropriate protection are common challenges for inexperienced applicants.

Engaging a qualified trade mark attorney to handle your international trade mark application is strongly recommended, enabling you to avoid errors and expedite a favourable outcome.
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How A Trade Mark Attorney Can Help

Highly skilled and specially qualified, a trade mark attorney is an expert in all aspects of trade mark law.

Due to this, they are best placed to oversee all aspects of trade mark registration, renewal and defence both in Australia and overseas.

With an in-depth understanding of legal terminology and how to navigate international trade mark law as per the Madrid Protocol and direct filings, a trade mark attorney gives you a greater chance of success with your application.

From preparing an international trade mark application, lodging it, ensuring its securement and defending it from infringement, a trade mark attorney can do it all.
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IP Guardian - Dedicated Trade Mark Attorneys

At IP Guardian our team of highly qualified trade mark attorneys offers decades of combined experience, allowing us to offer unmatched support and advice.

Our international trade mark application services offer a stress-free, straightforward solution for securing the protection of your intellectual property, giving you valuable peace of mind.

As part of our services, where required we can also manage incidences of trade mark infringement. Swiftly dealing with the misuse of your trade mark and protecting against loss.

Passionate about protecting Australian enterprises, our services are designed to be both affordable and accessible with zero compromises on quality. As leaders in our field, we ensure your trade mark rights are recognised and properly protected both in Australia and overseas.
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