A trade mark is essentially a marker of business identity, a badge of origin, to differentiate your goods or services from others in the market.
Registering a trade mark is important as it provides you with the exclusive rights to use, license and sell the mark (without other businesses riding on the coattails of your brand’s success or diluting your brand’s strength of reputation in the market).
When establishing or growing a business, it’s important to consider where you wish to have your brand recognition and reputation protected.
The general rule for trade mark protection is that you need to register your intellectual property in the jurisdiction in which you wish to have protection. For example, a trade mark registered in Australia only provides protection within Australia.
If you want protection of your trade mark in the USA, then you need to apply for the trade mark to be registered there.
There are two ways an Australian trade mark owner can seek trade mark protection overseas:
Be careful when making an international trade mark application as they can be an expensive and technical process. It is important to weigh the commercial viability of making a potentially expensive application, versus mitigating the risk of trade mark infringement in overseas markets.
Also, other countries (such as the USA) have much more aggressive and litigious intellectual property dispute resolution processes than that in Australia. Accordingly, we strongly recommend that you engage legal advice with experience in this area prior to making any international trade mark applications. It’s best to be aware of your rights and obligations before taking any steps towards registering your trade mark overseas.
“Ian and his team helped me sort out a trademark in an efficient, uncomplicated fashion.”
Law delivered differently,
more resolution, less confusion