When protecting a trade mark in foreign countries, there are two
options for Australian businesses to consider:
- You can file an application in each country of interest, via
local attorneys (the 'direct method'); or
- You can file an International Application designating the
countries of interest (the 'Madrid Protocol' method).
What is an International Application
An International Application is an application filed under an
international trade mark system called the Madrid Protocol. It is a
single application, filed via the World Intellectual Property
Office (WIPO), which can designate any country which is party to
the Madrid Agreement.
Once an International Application is filed, WIPO conducts a
formalities check, and if the formalities are in order, it grants
an "International Registration". However, an
International Registration by itself provides no enforceable rights
in any country.
