There are two ways that an Australian trade mark owner can register their trade mark overseas:
- Registering a trade mark in each country you are considering selling your product or service; or
- Filing a single application through the World Intellectual Property Organization (WIPO).
If you choose to make individual applications to each country you would like to register your trade mark, you should seek legal advice from intellectual property lawyers in those countries. At Lawbase, we are able to engage on your behalf with IP professionals from a range of countries who have assisted us in such matters in the past.
If you make an application through the WIPO, you will still be required to nominate the countries in which you would like protection. Not all countries are member states of the WIPO.
When registering a trade mark in a foreign jurisdiction, you will have to consider if you will be infringing on other trade marks already registered in that country.
The registration of an international trade mark lasts 10 years from the date of registration, and, upon payment of the relevant fee, an international trade mark registration can be renewed every 10 years.
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