Am I protected overseas with my Australian trade mark?.

Registering a trade mark in Australia gives you exclusive rights to use and licence and protects your brand locally, but what happens when your business expands overseas? 

Here is what you need to know about protecting your trade mark beyond Australian borders. 

Trade marks are jurisdiction-based 

The scope of protection depends on where the trade mark is registered. An Australian trade mark registration will only protect your brand in Australia under the Trade Marks Act 1995 (Cth). 

If someone uses your name or logo overseas without authorisation, you generally cannot enforce your Australian registration in that country. 

To gain protection internationally, you will need to register your trade mark in each country where you operate or plan to expand. 

How do I obtain overseas protection?

One efficient way to apply for international protection is through the Madrid System. This allows businesses to file a single trade mark application and designate multiple countries. 

Applicants can apply for an International Registration and designate countries of commercial interest, such as the United Kingdom, United States, European Union, or Vietnam. Each country will then examine the application under its own laws, typically within 12–18 months. Once registered, you will have registered trade mark rights in each designated jurisdiction under the International Registration. 

Why international protection matters

Without overseas trade mark protection, your business may be copied or imitated. A registered trade mark can also help: 

1. expand customer base – trade mark protection builds trust and recognition in new markets, helping attract global customers; 
2. prevent counterfeit and imitation goods – a registered trade mark gives you legal tools to stop copycats, protect your brand’s reputation and reduce the risk of fake goods entering the market; and
3. support brand growth – trade marks strengthen your brand identity, increases business value, and makes your company more appealing to investors and customers. 

Don’t leave your company unprotected overseas

Relying on your Australian trade mark will not be enough to protect your business internationally. The Madrid System offers a one-stop shop to secure trade mark protection in several countries. If you, or your business, plan to broaden the scope of protection on an international scale, please reach out to our team of intellectual property experts to discuss your options.