Trade Mark Applications in Foreign Countries

Trade Mark Registration is available in most countries of the world and is a national right.  If you are planning to export goods bearing your trade mark then you should apply for registration of your trade mark in the foreign country into which you plan to export your goods.  Any rights that you establish in Australia will not assist you in a foreign country.

In addition, be careful to apply for registration in a country before you commence use of your trade mark in that country.  In some countries (eg. Continental Europe, China, Japan and Indonesia) the first person to apply for registration will be given the rights to a trade mark, rather than the person who first uses the trade mark.  Therefore, another party could legitimately "adopt" your trade mark by applying for registration even if you were the first person to use the trade mark.

In July 2001, Australia became a member of the Madrid Protocol, which allows Australian trade mark owners to file a single application and obtain trade mark protection in over 70 countries (other members of the Madrid Protocol).

The following table lists the member countries of the Madrid Protocol (as at January 2008):

Wrays is able to assist with advice regarding the most appropriate options for your trade mark protection and export plans, and to conduct searching and lodgement of trade mark applications in all countries. We have well established working relationships with global Trade Mark Attorneys and we co-ordinate large trade mark portfolios.