In today’s global economy, businesses aren’t just thinking local they’re thinking worldwide. Whether you’re selling via e-commerce, entering new markets, or expanding manufacturing and distribution overseas, protecting your trade mark internationally is no longer optional. It’s essential.
At BrandU Legal, we specialise in navigating the international landscape of intellectual property. With decades of experience across jurisdictions, we help Australian businesses secure their brand in global markets with smart, strategic guidance.
Why Protecting Your Trade Mark Globally Matters
Your trade mark represents the identity of your business. While registering it in Australia gives you local rights and legal standing, those protections stop at the border. If you’re operating or planning to operate in other countries, failing to secure protection can lead to serious consequences—ranging from brand dilution to costly legal disputes.
Imagine investing years into building your reputation in Australia, only to discover that someone else has registered a similar name or logo overseas. The process of reclaiming those rights is often expensive, slow, and uncertain. International trade mark protection is your safeguard against that risk.
Two Key Pathways to Global Protection
The good news? As an Australian business, you have a couple of options to register your trade mark internationally. The right path depends on your target markets, timelines, and budget.
First, you can apply directly in each individual country where you seek protection. This means lodging applications through local IP offices in those countries. While it allows for precision and country-specific control, it also requires navigating different languages, legal systems, and fee structures. For businesses targeting just one or two key countries, this may be an effective approach—but it requires coordination and a clear understanding of local rules.
Second, and often more efficiently, Australian trade mark holders can use the Madrid Protocol, an international system that simplifies the process. After filing a base application in Australia, you can submit a single international application via the World Intellectual Property Office that designates the countries you want to cover (provided of course the countries of interest are members of the Madrid Protocol). This route is significantly more streamlined, especially if you’re looking to protect your brand across several jurisdictions at once. Each country still examines your application individually, but the submission process is centralised, saving you time and administrative overhead.
What You Need to Consider Before Filing
International trade mark registration isn’t about ticking a box—it’s a strategic decision. You should begin by thinking about where your business is operating now and where it plans to go in the future. Are you exporting products? Launching a digital platform with a global user base? Manufacturing overseas? Even if you’re not present in a country today, you might be vulnerable there tomorrow if you don’t protect your mark.
Cost is another consideration. Each country or region has its own fees, and while the Madrid system can reduce administrative costs, you’ll still need to plan for examination and renewal expenses across jurisdictions. Timing also matters: the earlier you file, the better your position in any future disputes or objections.
At BrandU Legal, we work closely with clients to weigh these factors and develop a tailored international IP strategy. Our advice is commercial, not just legal—we consider your goals, your market entry plans, and your resources, and craft an approach that delivers real value.
How We Make It Simple
Securing international protection doesn’t need to be overwhelming. We offer end-to-end support, from preparing your base Australian application, to filing Madrid Protocol applications, to working with trusted foreign associates on direct filings where needed. We also help address objections, oppositions, and legal disputes that may arise during the registration process in each country.
Our background includes advising multinationals and startups alike, and we understand how to manage your IP portfolio as it grows. With us, you don’t just get a legal service. You get a long-term partner invested in your brand’s success.
Final Thoughts
Going global is an exciting step for any business, but it requires foresight. Protecting your trade mark overseas is about more than compliance—it’s about securing your competitive advantage and preserving your brand’s integrity as you scale.
At BrandU Legal, we deliver smart, focused, and proactive support so your IP protections grow with your business. Your brand is too valuable to leave unprotected. Let us help you take it to the world.
Your Brand is Our Business™. And we’re with you, every step of the way.