Trade marks are only registered and therefore protected in the country where the application is filed in. If you wish to go global, you will need to apply for registration in each country of interest or apply for International Registration via the Madrid Protocol which requires an Australian application or registration to be in place first. A list of member countries to the Madrid Protocol can be found here( link to list ). Any other countries need to be filed in separately or individually.
The applicant for the trade mark must be the owner whether an individual, partnership, company or association. Registration is not compulsory but highly advisable and beneficial and is the best way to enforce and enhance your IP rights
Once registered, a trade mark registration provides protection from unauthorised use and gives the owner exclusive rights to use or authorise others to use the goods and/or services registered. Registration lasts for 10 years and can be renewed. Call Maxwells so we can audit and manage your trade mark portfolio to ensure the best possible outcome for your business optimising commercialisation benefits and protection.
If you wish to sell, license or assign your trade mark, the Maxwells’ trade mark team will provide you with sound advice on best practice and procedures to follow.