Thinking of Exporting?
Did you know that after filing trade marks in an export market, Australian manufacturers are more likely to be successful?
Expanding into a global market can seem daunting at first, but it can provide your business with huge growth opportunity. There are many factors to consider when approaching a global market, and the first is to assess your intellectual property (IP) and check it is protected in your choice of international markets.
IP Australia has conducted research that shows that after filing trade marks in an export market Australian manufacturers are:
- Nearly 3 times more likely to enter that market
- Will earn 30% more export revenue (for long term exporters)
- Will expand their exports more when tariffs fall
- Are more likely to expand their exports when the Australian dollar rises against the market
I have an Australian trade mark – will that apply overseas?
No, trade mark registration in Australia does not grant IP rights protection overseas. IP protection in international markets needs to be sought in each market you wish to operate in. Ensuring you are covered in all chosen markets is important, and checking that you are not infringing on existing IP in those markets is critical.
I don’t have an Australian trade mark, can I apply for a trade mark in another country?
Yes you can, and you might take the opportunity to assess your IP position in Australia to ensure you have protection in your home market as well as in export markets.
How do I apply for a trade mark overseas?
When applying for overseas trade mark protection, you have two choices:
- Apply separately to each country or
- Apply under the Madrid System
The Madrid System provides a simplified process for international registration of trade marks. Once you have obtained a trade mark in Australia, you can use that one application and pay one set of fees in Australian currency to file for trade marks in over 128 countries. This saves you time and effort.
Applications for an International Registration under the Madrid System can be filed through the WIPO Madrid e-Filing service which is accessed through IP Australia’s online services.
If you don’t have an Australian trade mark you cannot apply via the Madrid system and will need to source IP protection from the IP office in your chosen export markets. You can find a list of international IP offices here.
Where can I find out more?
To learn more about how best to approach a global market with your IP, visit IP Australia’s website.
IP registration and protection can be a complex process, especially in an international context. It is recommended that you seek advice from an IP professional.
For first time applicants, engaging an attorney can greatly increase the chances of success. You might find the engaging an attorney toolkit helpful.