How unique is my brand or logo?

Before applying for an international trade mark, you should conduct a search to see if there are any trade marks already being used by other traders which may affect the likelihood of your trade mark being registered.

Searches can be conducted using online databases for trade marks or by an IP Professional.

Will my brand or logo be able to be trade marked?

The Madrid Protocol is a treaty for the international registration of trade marks. It is administered by the International Bureau (IB) of the World Intellectual Property Organization (WIPO). A single application can be used across one or multiple member countries. The application is submitted in one language - English, Spanish or French.

Once the application has been checked by IP Australia, it is certified and forwarded to the International Bureau of WIPO for publication.

What happens next?

The international application is then examined against the trade mark laws existing in each designated country. If an application is refused in one country, it doesn't mean it will be refused others.

If there are any deficiencies present in your application, the report will explain the issues and you will have 15 months to overcome these objections.

What else is involved in maintaining protection of my brand or logo internationally?

The acceptance of the application is published by WIPO for 3 months and is open for third parties to oppose your application. If an opposition is received, your trade mark may take time to be resolved. Your application will be registered if no oppositions have been filed or once any objections received have been settled.

Once your trade mark is registered and all fees are paid, it will be enforceable.

Your registered trade mark can be renewed indefinitely. In all countries, initial registration is for 10 years. It must be renewed every 10 years to remain enforceable.

More information

1. Learn more about international trade marks