By filing a single trade mark application, you can get a single registration providing protection in numerous countries.
Until recently, the only way to seek statutory protection of a trade mark overseas was to file separate trade mark applications in the individual countries of interest. If the applications were successful, the result was a bundle of separate applications.
On 11 July 2001, the Madrid Protocol came into force in Australia. You can now get a single registration which provides protection in several countries, by filing a single international trade mark application based on an Australian trade mark application for the same mark. There are presently over 60 member countries of the Protocol including the USA, UK, China, Japan, Korea, Singapore, and most European and Eastern European countries.
A Madrid Protocol application or registration is cheaper and easier to administer than filing in separate countries. In addition:
- If a particular country objects to the registration of the trade mark, the international registration will not extend to that country but will continue to extend to the other countries.
- You can renew in a single step.
- You can amend in a single step.
- Additional countries can be added later.
Our associated law firm Allens operates in alliance with Linklaters LLP.