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ARTICLE · 01 FEBRUARY 2012

How do you register your trade marks overseas?

Since the "Madrid Protocol" in 2001, a single international trademark application can be filed in a number of countries.

AustraliaIntellectual Property

Your Australian trade mark registration only provides you with rights in Australia. If you are thinking of using a trade mark overseas, you should ensure that you obtain trade mark registrations in other countries of interest.

In the past, the only way to register trade marks overseas was to file an application directly with the Trade Marks Office in each country of interest. In 2001, Australia joined an international treaty called the "Madrid Protocol" and, since this time, it has been possible to file a single international application designating a number of different countries at the same time. The international application is filed directly with the Australian Trade Marks Office. Details of the application are then forwarded to the Trade Marks Offices in each of the designated countries so that the trade mark can be examined in accordance with the laws of each country.

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