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It’s no secret that marketers across the globe have long established that with quality products and services, it’s important for businesses to have their own distinct brand. In today’s competitive 2025 marketplace, building a strong and recognisable brand identity is essential to ensure your business stands out.
Trade marks play a huge role in this, as a business’ trade mark can become one of the most recognisable elements of its brand, alongside its products and services.
A trade mark is typically registered on a national basis. However, if your business conducts activities overseas, it’s essential to look into international trade marks to ensure your brand is protected beyond Australia’s borders.
In this article, we’ll take you through the process of searching for an international trade mark and provide guidance on how to get one registered – with updates that reflect the latest trends and regulations in 2025.
What Is A Trade Mark?
A trade mark is a distinctive sign – be it a logo, word, phrase, symbol, sound or even colour – that uniquely represents your business. Essentially, it is a method of legally registering a form of intellectual property to secure exclusive rights. There’s no strict limit on what can be trademarked; many businesses have successfully registered everything from catchy slogans to unique product packaging. For more on this topic, check out our article on Trade Mark vs Copyright.
It’s all about establishing your trade mark’s distinctiveness and ensuring it isn’t overly descriptive, which could jeopardise its eligibility for registration.
Once your trade mark is registered, you secure the legal rights to protect it against unauthorised use, making your brand uniquely yours.
How To Conduct An International Trademark Search
If you’re wondering which trade marks have been registered in various countries, you can conduct an international trade mark search to gather that information.
There are two main ways to conduct an international trade mark search:
The first method is to use the Global Brand Database provided by the World Intellectual Property Organisation (WIPO). WIPO, an agency of the United Nations, oversees global intellectual property matters. Their database offers a comprehensive overview of trade marks registered in countries that are party to the Madrid System.
The Madrid System
The Madrid system is the international trade mark registration mechanism established in Madrid, Spain. It streamlines the process by allowing you to file a single application that seeks protection in multiple countries. However, if you’re focusing on trade marks in individual nations, always verify that they are members of the Madrid system first.
If you need to search across several countries, using the Global Brand Database is highly efficient. Conversely, if your interest is limited to a single country or a group of countries within the Madrid system, you might prefer consulting that country’s specific trade mark database.
How To Do A UK Trademark Search
If you want to determine whether a particular trade mark is registered in a specific country, it might be simpler to use that country’s own search system rather than the global database.
For example, when searching for a trade mark in the UK, you can use the Trade Marks Journal from the Intellectual Property Office. The journal not only shows trade marks registered in the UK but also those with international coverage – including pending applications undergoing opposition procedures.
Is My Australian Trademark Valid Overseas?
The simple answer is no – a trade mark registered in Australia only provides protection within Australia. To understand more about this limitation, our guide on International Trade Mark and Copyright is a great resource.
If you want your Australian trade mark to be protected in other countries, you will need to register it internationally through additional applications or by using an international system such as the Madrid system.
How To Apply For An International Trade Mark
As outlined earlier, there are two primary ways to apply for an international trade mark:
- Submitting an application through the Madrid System
- Applying directly at the local intellectual property office of each country you are targeting
The method you choose will largely depend on your business goals, budget, and the geographic scope of your intended protection.
Bear in mind that applying for an international trade mark – regardless of the route – can be a lengthy and occasionally costly process. We always recommend consulting with a legal expert; our international trade mark specialists are here to help you determine the best strategy for your business.
How To Register An International Trade Mark
Once you have decided to move forward with registering an international trade mark, the next step is to determine which registration process is best for your needs – either through the Madrid System or by submitting separate applications in each country of interest.
If you choose to apply directly to a country’s intellectual property office, ensure that you carefully research the specific rules and regulations that apply there. Once familiar with the process, you can proceed with the application, and upon approval, your trade mark will enjoy legal protection in that jurisdiction.
Alternatively, if you opt for the Madrid System – which, as of 2025, spans protection in over 130 countries – you benefit from a single application process and a uniform fee structure. Do note, however, that while you pay one fee, the approval decision is ultimately made on a country-by-country basis. This means your trade mark may gain protection in some countries while facing challenges in others.
Many businesses find that streamlining their international protection with our expert guidance is the best way forward. For additional support, explore our international trade mark application service.
In 2025, the landscape for international trade mark registration has become more digital and integrated, with many intellectual property offices now offering enhanced online filing systems and faster response times. Staying abreast of these innovations is crucial, and our team is always ready to help you navigate the evolving legal requirements.
Chat To An IP Lawyer
International trade marks can give your business that extra layer of protection in foreign markets, so it’s important to seek the right advice along the way. To summarise what we’ve covered:
- A trade mark is a distinctive element – be it a logo, phrase, sound, or symbol – that uniquely identifies your business.
- An international trade mark search can be conducted using the Global Brand Database or by checking individual country systems.
- Australian trade marks do not provide protection overseas.
- To secure international protection, you need to either use the Madrid System or file applications in your target countries.
If you’d like a consultation regarding international trade marks, please call us on 1800 730 617 or email team@sprintlaw.com.au for a free, no-obligation chat. You can also visit our Intellectual Property page for more information on how we can help protect your brand globally.
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