Foreign applicants or attorneys seeking trade mark registration in Australia, please click here.
General
There is no such thing as an all-encompassing international trade mark. Trade marks are registered by country, and therefore, you must seek a separate trade mark in each country that you are selling, or intend to sell, your goods or services.
There are two ways to seek a trade mark in multiple countries. The first is to apply directly to each country using separate applications. This is usually only preferred when you are seeking a trade mark in less than 3 other countries.
Madrid Protocol
The second method, and in most circumstances the most cost effective, for registering your trade mark in a number of different countries is via the Madrid Protocol. The Madrid Protocol is an international convention that provides for a single trade mark application which can designate numerous countries.
Most countries are a part of the Madrid Protocol system, however, notable exceptions (currently) include New Zealand, Canada, and some South Asian countries. Fees vary greatly depending on which countries are chosen in the application.
Once filed, the international application then enters the “national phase” of each nominated country where the mark is examined on the basis on the country’s national trade marks law, and where applicable judged against its prior trade marks. Although trade mark law is similar in many countries, there are some regional differences. McIntosh IP has associates around the globe that we use to provide country specific advice.
McIntosh IP is experienced in applying for and prosecuting international trade mark applications.
New Zealand
McIntosh IP is able to file New Zealand trade mark applications for you directly, without the need to brief out a local attorney and thus saving you fees.
United States
In most instances, McIntosh IP is able to draft and file your US trade mark application directly without the need to use US associates, who we usually only engage when substantive issues are faced.
Please feel free to call us on 1300 166 568 for more information or a quote.