Can an Australian registered trade mark be used overseas.
I successfully registered my trade mark a year ago myself with no problems. My business has gone very well and there are prospects to sell my products overseas. Do I need to do anything?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lance Scott, Paddington 2021 NSW
- Consult with a trade mark expert to ensure that your Australian trade mark reflects your branding and covers what you currently do and conceivably could do.
- There are several options for searching and protecting your mark overseas. These will depend very much on your countries of interest, budget and timing.
- Also consider the commercial opportunities and the best method for manufacture, sale and distribution. A specialist lawyer can advise you on contracts such as manufacture, licensing or distribution to ensure that you have a tight contract with your future foreign business partners.