There is no worldwide trade mark. To protect a brand in other countries, you either file separately in each one or use the Madrid System, which lets you file one international application based on your Australian filing and name the countries you want. This article is general information, not legal advice; a trade mark attorney can tell you which route suits your brand.
Why Australian registration is not enough
Queensland’s business portal states plainly that no “worldwide” trade mark registration is currently available and that each country’s government registers its own trade marks. IP Australia says the same in its overseas IP guidance: protecting your intellectual property in Australia does not automatically protect it in other countries. For trade marks, that page lists three paths: apply directly to a country’s IP office, use a regional office such as the EUIPO or BOIP, or file once through the Madrid System.
Think about where you sell, export or license, and where your name could be copied. If you are expanding in stages, see How Australian Brands Can Reach International Audiences for planning the markets themselves.
How the Madrid System works
WIPO describes the Madrid System as an international trademark system that lets you seek protection in several countries through one application, in one set of fees. Key points from that page and IP Australia’s:
- A basic mark is required. IP Australia explains in its Madrid System guidance that your international registration rests on an existing Australian application or registration. The mark, owner details, and goods and services must match the Australian filing.
- One application, in English. Queensland’s page says filing under the Madrid Protocol is optional, is one application in English to IP Australia rather than separate applications in each country’s language, and makes the process less expensive and simpler.
- You nominate countries. The Queensland page says you can nominate countries later, and WIPO says you can add countries as your business expands.
- Each country decides. WIPO registers the application and passes it to the designated offices. As IP Australia puts it, it is up to the IP offices in those countries to grant or refuse protection.
- Central management. WIPO says you manage renewals, additions and changes through a central online system, with a single renewal date.
- Fees depend on choices. WIPO says there is a basic fee plus additional fees depending on the countries and the number of classes. Check WIPO’s fee calculator for current amounts; they change and are not repeated here.
- Coverage is broad but not total. When WIPO’s page was read (November 2026), it said the system covers 133 countries through 117 members. Some memberships include territories, and WIPO notes, for example, that protection in China does not extend to Hong Kong or Macao.
The five-year dependency
This is the trap most owners miss. IP Australia says changes to the basic mark within the first five years can cause the international trade mark to cease, and that actions started in that period, such as a non-use or court action, still count even if they finish after the five years. If the Australian filing falls away, the international registration can fall with it.
There is a safety net. IP Australia says you can request transformation into national applications to keep rights in individual countries, and that you must file with the designated office within three months of WIPO recording the cancellation. The filing date then becomes the international registration date, and each office’s process varies. A dependent registration is a reason to keep your Australian mark in good order, which includes responding to examination reports and watching for opposition.
Madrid or direct filing?
| Question | Points to Madrid | Points to direct filing |
|---|---|---|
| How many countries? | Several | One or two |
| Is the Australian mark secure? | Likely to register | Under challenge or uncertain |
| Budget and admin | Prefer central management | Willing to manage local attorneys |
| Local rules | Standard goods and services wording works | Local specification or evidence needed |
| Strategy | Broad, staged expansion | Priority market needs a tailored approach |
IP Australia’s own data point reflects this choice. In its Australian IP Report 2026, summarised on its site, direct filings have grown faster than Madrid filings for three consecutive years. That does not make direct filing better; it shows that businesses weigh both routes.
Timing and a practical sequence
- Search first. Business.gov.au advises searching for existing IP rights in the target country; if someone holds the same name in the same class, you may have difficulty entering that market.
- Secure the Australian mark. It is the foundation for a Madrid filing.
- Mind the priority window. The Paris Convention lets you claim your Australian filing date overseas if you file within the window IP Australia sets, which is 6 to 12 months depending on the IP type (check the period that applies to trade marks with your attorney).
- Choose countries by commercial priority. Start where you sell, export or license.
- Check local names and meanings. A mark that is fine in English can be a problem elsewhere. See Launching a Brand Across English- and Chinese-Speaking Markets for why cultural checks matter.
- Plan the contracts. Registration is half the picture; licences and distribution deals need clear terms. International Content Licensing: A Practical Introduction is a good starting point.
Limitations
- Some countries require you to apply through an IP professional.
- Examination, objections and oppositions run to each country’s rules and timelines.
- This article does not cover costs, specific country rules or enforcement. Take advice before relying on it.
Where Radiance Impact fits
Radiance Impact does not give legal advice. Its Global team supports overseas businesses entering the Australian market and helps with localisation and launches for new markets. See Market Entry or contact us to discuss the brand and content side of expansion, and bring a trade mark attorney into the registration itself.
Sources
- The Madrid System, IP Australia
- How to apply for IP overseas, IP Australia
- Madrid System, World Intellectual Property Organization
- How do I register my trade mark in other countries?, Business Queensland
- How to protect your intellectual property overseas, business.gov.au
