International trademarks & the Madrid Protocol

Trademarks are territorial. An Australian registration protects you in Australia and nowhere else. If you sell overseas, ship overseas, or simply plan to one day, your brand has no automatic protection in those markets. The good news is that there are two well-established routes to protect it abroad, and picking the right one early can save you a lot of money and worry.

Why an Australian registration stops at the border

It is a common and costly assumption that registering in Australia covers you globally. It does not. Each country runs its own register and its own laws, and rights are granted country by country. A brand you have carefully built here can be registered by someone else overseas unless you take steps to protect it in the markets that matter to you.

This matters most for businesses that export, sell online to overseas customers, manufacture abroad, or expect to expand. If that sounds like you, it is worth mapping out your key markets before you commit to a brand at all. Our guide on what a trademark is explains the badge-of-origin principle that applies in every market.

Two ways to protect your brand abroad

1. Direct national filings — you apply in each country directly through its trademark office (or through local agents). This is often best when you only need a small number of specific countries, or when a country is not a Madrid member.
2. The Madrid Protocol — you file one international application through IP Australia and WIPO (the World Intellectual Property Organization) that can cover many member countries at once. It is based on your Australian application or registration, known as your basic mark.

Which route suits you

	Direct national filings	Madrid Protocol
Best when	You need a few specific countries, or a non-member country	You want several member countries, or plan to add more later
Application	Separate filing in each country	One application through IP Australia and WIPO
Management	Each registration managed separately	Centrally managed through WIPO
Adding countries later	New filing each time	Can extend the existing international registration
Local agents	Often needed from the start	Usually only needed if a country raises an objection

The Madrid Protocol in more detail

The Madrid Protocol is a treaty that lets a trademark owner in one member country seek protection across many others through a single, centrally administered application. As an Australian applicant you file through IP Australia, which certifies your application and passes it to WIPO, who then forwards it to each country you have designated. Each designated country still examines the mark under its own law, so designation is a request for protection, not a guarantee of it.

Key conditions

• You must already have an Australian basic mark — an existing application or registration — to build on.
• The international application must be for the same mark and its goods and services cannot be broader than the basic mark.
• You must be entitled to use the Australian route, meaning you are an Australian national, are domiciled in Australia, or have a real and effective business establishment here.
• Australia cannot designate itself, since your protection at home comes from the basic mark.

Central attack — the first 5 years

For the first 5 years, your international registration depends on the basic mark. If the basic mark fails during that period — for example, it is refused, withdrawn, or successfully challenged — the international registration can fall with it. This is known as a central attack. After 5 years the international registration becomes independent and stands on its own. The lesson is to make sure your Australian basic mark is sound before you build a global portfolio on top of it.

Madrid pros and cons

Advantages	Drawbacks
One application covering many member countries	Tied to the basic mark for the first 5 years (central attack risk)
Central management and renewal through WIPO	Cannot be broader than the basic mark
Easier and cheaper to add countries later	Some important markets may not be members
Often no local agent needed unless a country objects	A country can still refuse under its own law, sometimes needing a local agent to respond

The 6-month priority window

If you file in Australia first, you have 6 months to file in other countries and claim your Australian filing date as the priority date in those markets. This priority right comes from the Paris Convention and applies whether you go the direct or the Madrid route.

That window can be decisive. If a competitor files a similar mark overseas in the meantime, your earlier Australian date can give you the better claim. Filing in Australia first and then expanding within six months is a sensible, common strategy. To understand how filing dates and priority work at home, see the trademark process step by step.

What it costs

International protection involves several layers of cost, and exact figures depend on the countries and number of classes you choose. In broad terms you should expect:

• Australian government fees for the basic mark — around $250 per class using IP Australia’s pick-list of goods and services, or $400 per class for custom wording (the schedule changed on 1 October 2024). A registration lasts 10 years.
• WIPO fees for the international application, paid in Swiss francs, which vary with the mark and the countries designated.
• Designation fees set by each country you choose to cover.
• Local agent fees if a designated country raises an objection that needs a response on the ground.

Because the variables stack up quickly, the right approach is to scope your markets first and price the specific combination. You can estimate your Australian filing costs with our cost calculator, and our class finder will help you settle on the classes you need before you go international.

Common questions

Do I have to register in Australia before filing internationally? For the Madrid route, yes — you need an Australian basic mark first. For direct national filings you can in principle file abroad independently, but filing in Australia first within the 6-month window lets you claim the earlier priority date.

Does the Madrid Protocol cover every country? No. It covers member countries only. Some markets are not members, and for those you would use a direct national filing. We can tell you which of your target markets are covered.

Can I add countries later? Yes. One advantage of Madrid is that you can extend an existing international registration to further member countries as your business grows, rather than starting from scratch each time.

What happens if my Australian mark is challenged after I have gone international? Within the first 5 years a successful challenge to the basic mark can bring down the international registration (central attack). This is why getting the Australian foundation right matters. After 5 years the international registration is independent.

Where to start

The most reliable first step is to get your Australian mark right, then expand from a solid foundation within the priority window. If you have not yet filed at home, start with registering a trademark and a proper trademark search. When you are ready to look beyond Australia, we advise on the right approach for your specific markets and coordinate the filing through IP Australia and WIPO.

Enquire about international protection and we will map your markets and the most cost-effective route to cover them.