Most foreign countries have laws which permit the registration of trade marks. It is strongly recommended that trade marks be registered in each country in which they will be used or licensed. Nationalising your trade marks is important for a number of reasons: In foreign countries, it is generally more difficult to rely upon common law rights to protect an unregistered trade mark Many countries use a “first to file” rule where the first person to file a trade mark application is entitled to registration, excepting where there is earlier use of the same mark by another party Registration provides control over how the trade mark is used by a licensee or distributor in their country Before using a trade mark in a foreign country, it is recommended to search local registers to find out whether the mark is available for use and registration. It is also advisable to check that the proposed trade mark will be acceptable to consumers in foreign markets. That is, the owner should ensure their trade mark does not have an unfavourable meaning or translation in that particular country. Trade marks can be registered on a country-by-country basis by filing a separate national application in each country or region of interest. It is also possible to register trade marks for some economic regions. For example, a single European Trade Mark registration covers the whole European Union. If you will require a registration in multiple countries or regions, it may be more cost-effective to obtain an international registration under the Madrid Protocol. The owner of an existing Australian trade mark application or registration may apply for an international registration designating one or more countries or regions which are party to the Madrid Protocol. Click here to see which countries take part in the Madrid Protocol.