Your Australian registration stops at the border. Every market where you sell, manufacture or license your brand needs its own protection.
You can protect your mark in most overseas markets through the Madrid System, using your Australian application as the base, or by filing directly in each country. We work out which route fits your markets, prepare the filing, and manage the objections that come back from overseas examiners.
In summary
- Two routes cover most plans. Madrid gives you one application and one renewal date across member countries. Direct national filing puts an application into a single country, which suits a market the Madrid System does not cover or a mark that differs from your Australian one.
- Madrid runs on your Australian base. The international application needs an Australian application or registration behind it, with the same mark, the same owner and goods and services covered by the Australian claim.
- Each country still decides for itself. WIPO registers the application and passes it on, and every designated office examines the request under its own law.
- Decide the country list, the goods and services for each market, and the owner before you file. You can add countries later, but the goods and services cannot be widened and ownership changes take extra work.
- Objections from overseas examiners arrive as provisional refusals, and each one comes with its own deadline. We handle them through our associate network.
Who is this service for?
Australian businesses taking a brand overseas. The trigger is usually one of a few: an overseas launch, a distributor or licensee taking the brand into a new market, a marketplace account that requires a local registration, or a manufacturer producing under your brand somewhere you do not yet hold rights.
The pattern we see most is a product business that has grown in Australia and now sells into several markets at once. Protecting those markets one at a time is slow, and protecting them in the wrong order wastes budget on countries that never turn into revenue. A filing plan prevents both.
We work with businesses of all sizes, from startups protecting a name for the first time to established brands managing complex international portfolios.
If you are an overseas attorney or agent, we act as the local associate for Australian and New Zealand matters. That work is on our international associate services page.
Three decisions to make before you file
The country list. Where do you sell, ship, manufacture or license now, and which markets will open in the next year or two? Search each target market before you file there, because protection is granted country by country and an existing local mark can block you. We build the list from your target markets and commercial priorities, not from a standard pack.
The goods and services. Different offices accept different wording, and a claim that is fine in Australia may be too broad or too narrow elsewhere. Get this wrong and you either leave part of your product line unprotected or invite an objection on scope. We can check acceptable wording against the Madrid Goods and Services Manager before filing.
The owner. The international application has to name the same owner as your Australian base, recorded exactly as it appears there, including spelling, capitals and full name. If your brand sits across several entities, settle which one holds the mark before you file. Changing ownership afterwards is more work than getting it right at the start.
Madrid or direct filing?
Both routes produce enforceable rights, and plenty of portfolios use both.
| Madrid System | Direct national filing | |
|---|---|---|
| One application covers | Multiple member countries you nominate | One country per application |
| Base needed | An Australian application or registration with the same mark and owner, covering the same goods and services | None |
| Local representation | Not required at filing | Local agent appointed in each country |
| Fees | WIPO fees in Swiss francs plus fees per designated country | Each country's official fees plus local agent costs |
| Renewal | One renewal date across all designations, ten years from the international registration date | Renewed in each country on its own schedule |
| Good fit when | Several member markets, one mark, and an Australian base that already covers what you sell | A country outside the system, a single market, or an overseas mark that differs from the Australian one |
We will work out the best way to file for your markets. If you are only going into one or two countries, we may suggest filing directly, as that can save time and money. Direct filing is also the route for a country outside the Madrid System, or where the mark or the goods and services differ from your Australian trade mark.
Madrid carries one risk. For the first five years, the international registration depends on your Australian trade mark. If the Australian trade mark is refused, successfully opposed or cancelled in that time, the international registration can fall with it. We check your Australian position before any international step. If it needs work first, our trade mark application service covers that.
What working with us includes
We advise on the plan, handle the filing, and stay involved while your applications are examined overseas.
- Review your target markets and advise where protection is worth the cost.
- Recommend the best way to file, whether that is Madrid, direct filing or a mix of both.
- Check that your Australian trade mark supports the international filing.
- Review your goods and services so the wording works in each country.
- Prepare and file Madrid Protocol applications.
- Arrange direct filings through our overseas associates.
- Respond to provisional refusals and other objections, working with local associates where needed.
- Advise on renewals, adding countries and managing your portfolio.
The practice has operated since 2010 and was rebranded from Contego Trade Mark Attorneys to Signify IP in 2024. We have filed and managed hundreds of trade mark applications locally and internationally. Every client works directly with our team, and the work is led by Hollie Ford, our Director and Registered Trade Marks Attorney.
Fees
An international filing has official fees and professional fees, and the official fees split between WIPO and each designated country. We give you a clear estimate before any work begins and show which parts are official fees and which are ours.
Next steps
Start with the markets and the mark, and the route will follow. If you are early in the process, book a free trade mark search to check your Australian position, then bring us the country list. If you already know where you are going, get in touch and we will map the routes and the order of filings.
If you would like to read more first, our guides section covers how registration works in Australia, and the blog answers the questions that come up at each stage.
Frequently asked questions
What is an international trade mark?
There is no single trade mark that protects you everywhere. Under the Madrid System, you hold one international registration covering the countries where protection is granted, and each of those countries applies its own law.
How do I register an international trade mark from Australia?
Decide the markets and the goods and services, and check that the mark is available in each market. Confirm that your Australian application or registration matches the mark and the owner. Then file through Madrid e-Filing with IP Australia, or appoint local agents for direct filings in each country.
How much does international trade mark registration cost?
It depends on the route, the number of countries and the number of classes. A Madrid filing carries WIPO fees in Swiss francs plus fees for each designated country, on top of the professional work. Direct filings carry each country's official fees plus local representation. We give you an estimate for your plan before you commit.
Will a Madrid registration protect me in every country?
Only in the countries you designate, and only where they grant protection. Each designated office examines the request under its own law, and a refusal in one country has no effect on the others.
Can I add countries after filing?
Yes. The Madrid System lets you add member countries later through a subsequent designation, which suits a plan that grows market by market. All designations share one renewal date, ten years from the international registration date, including countries added later.