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Trade Marks
International Trade Marks
Australia joined the Madrid Protocol relating to international registration
of trade marks on 11 July 2001. The Protocol provides Australians with a simpler
and less expensive way of seeking trade mark protection overseas and presents
several advantages to applicants seeking protection in any of the contracting
states.
The advantages to using the Madrid Protocol system include:
- Only a single international application is required;
- It is in one language, English, Spanish or French;
- It is filed through the Trade Marks Office of the home country; and
- Protection can be sought in one, some or all of the other member countries.
The Madrid Protocol is not the only way you can apply for a trade mark overseas,
however, as you are still able to file an application directly with each country.
There may be some circumstances where applying directly to a country of interest
may be a better option than seeking international registration under the Madrid
Protocol.
Some of the points you need to consider are whether:
- the countries you are interested in are members of the Madrid Protocol;
- you are eligible to file an international application under the Madrid
Protocol; and
- the scope of your Australian trade mark includes all the goods and/or services
you wish to protect overseas.
For more information on the contracting parties and key features of the Madrid
Protocol, click here.
Further information
The World Intellectual Property Organization (WIPO) web site at
www.wipo.int/madrid/en/index.html contains the Madrid Protocol and the
Common Regulations, general information, WIPO's Guide to International Registration,
a fee calculator and Madrid Express. Madrid Express is a database containing
information on new international applications that have been received by the
IB as well as all International Registrations. Other changes to International
Registrations that have not yet been published by the International Bureau
also
appear on Madrid Express. You can find Madrid Express at
www.wipo.int/madrid/en/index.html.
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