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So, you have a registered trade mark for your business or your products that you sell within Australia. Your business is thriving, and you’re considering expanding overseas. But will your trade mark or copyright protection still be valid internationally? As businesses navigate a globally connected market in 2025, ensuring your intellectual property is protected beyond Australia is more important than ever.
What Is A Trademark And Why Is It Important?
The World Intellectual Property Organisation (WIPO) defines a trade mark as “a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise”. In today’s digital economy, a trade mark must not only represent the subject matter of protection but also distinguish your products or services in an increasingly competitive market.
A trade mark is typically registered by a business owner who wishes to differentiate their goods or services from competitors. Iconic Australian trade marks – such as the Qantas kangaroo or the Australian Broadcasting Corporation’s logo – continue to symbolise quality and genuine Australian heritage on a global stage.
Trade marks can take many forms, including words, names, slogans, logos, packaging, shapes, colours, sounds, and even scents. They play a crucial role in building and protecting your brand identity. For further insights on safeguarding your intellectual property, you might also explore our international trade mark advice.
A registered trade mark provides you with exclusive use of that mark within the jurisdiction where it is registered. This exclusivity lets you enforce your rights against unauthorised use and infringement. To understand more about your rights and obligations, check out our detailed discussions at protecting your IP with a trade mark.
International Registration Of A Trademark
Registering a trade mark in Australia grants you 10 years of exclusive use within the country; however, this protection does not automatically extend overseas.
If you plan to expand your business internationally, it is essential to secure protection in the countries where you intend to operate. This can be achieved by registering an international trade mark in those jurisdictions.
The most streamlined method to gain international protection is by applying through the World Intellectual Property Organisation (WIPO) under the Madrid Protocol. In 2025, you can register your trade mark in over 120 countries with a single application, making global protection more accessible than ever before.
The Madrid Protocol – administered by WIPO – simplifies the process of securing international trade mark protection by allowing you to designate multiple countries in your application. There are several requirements for international registration:
- You must currently have a registered trade mark in Australia, or be in the process of applying to register one.
- The trade mark you wish to register internationally must be identical to the mark you use or intend to use within Australia.
- The products or services covered internationally should match those in your Australian registration.
- The applicant for international protection must be the registered owner – or the intended owner – of the trade mark in Australia.
The cost of registering your trade mark via the Madrid Protocol depends on the countries you choose, the type of mark, and the number of classes of goods and services you want to protect. Updated fee structures for 2025 are available, so it’s wise to consult with your legal advisor for the latest details.
Copyright Protection
In Australia, copyright protection arises automatically when original material is created and recorded in a tangible form. Unlike some jurisdictions, you are not required to register your copyright in Australia. Once your work is fixed in a medium such as writing, film, music, or software code, it becomes protected under copyright law.
The term “material form” refers to any expression of your work that is recorded or captured, ensuring that books, digital content, audio-visual works, and other creations are safeguarded. Remember, copyright protects the expression of ideas, not the ideas themselves.
Ensuring your work is both original and not a mere copy of existing material is key. If your work meets these criteria and is captured in a material form, it enjoys automatic copyright protection both in Australia and internationally, thanks to treaties such as the Berne Convention. For more details, have a look at our copyright protection guide.
Will My Copyright Be Valid Internationally?
As Australia is a signatory to several key international copyright treaties – including the Berne Convention and the Universal Copyright Convention – copyrighted material created within Australia is widely protected around the world.
In 2025, with the rapid expansion of digital technologies and online platforms, copyright protection has broadened to include a wide range of digital content such as websites, social media posts, and digital art. Whether you are a content creator or a business owner, your original work is likely to benefit from international protection under these established treaties.
Need Help?
If you need assistance with registering a trade mark – be it domestically or internationally – or if you have questions about your copyright protection, our experienced Intellectual Property lawyers are here to help. We provide up-to-date advice tailored for the dynamic business environment of 2025. Explore our resources on international trade mark registration and protecting your IP for more detailed guidance.
Our friendly team is available for a free, no-obligation chat at team@sprintlaw.com.au or on 1800 730 617.
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