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International Trade Mark applications must be based on an existing Australian Trade Mark. You cannot change or tweak your Trade Mark or registration for the overseas market. That is, the Trade Marks must be identical on both applications.
All goods and/or services claimed in the International Application must be covered by the claims in the Australian Trade Mark. Additionally, the applicant of the Australian Trade Mark and the International Application must be the same.
Similarly, if you have multiple Trade Marks, they can be listed on the same International Application as long as the Trade Mark and applicant are the same.
The Madrid System is a convenient and cost-effective solution for registering and managing Trade Marks worldwide. File a single application and pay one set of fees to apply for protection in up to 123 countries. Modify, renew or expand your International Trade Mark portfolio through one centralised system.
You can use the Madrid System if you have a personal or business connection to one of the system’s members such as an agent from National IP.
The cost of an International Trade Mark registration includes a basic fee of 653 Swiss Francs (or 903 Swiss Francs for a mark in colour) plus additional costs—depending on where you want to protect your mark, and how many classes of goods and services will be covered by your registration.
After obtaining an International Trade Mark registration, additional fees apply to expand the geographical scope of coverage, modify or renew your Trade Mark portfolio.
One of the greatest benefits of acquiring an International Trade Mark registration for your mark is that you, as the owner of an Australian Trade Mark, can seek International Trade Mark protection by submitting a single application in the English language. This approach is easier and less expensive than filing multiple applications in each individual jurisdiction in which you seek Trade Mark protection. Moreover, amendments and renewals of international registrations can be implemented more cost-effectively.
Another advantage of an International Trade Mark registration is that once it is registered in the designated country, your Trade Mark is accorded the same protection as any Trade Mark that is nationally registered in that country.
The Madrid Protocol offers a provision for designating in other countries after the initial submission, and at a later date, through subsequent designations.
Interested in registering an International Trade Mark? Contact National IP today to find out more.
