Trademarks Are Territorial

ByMarkport

Trademark protection is essential to safeguarding your brand’s identity, but it’s important to understand that trademarks are territorial. This means that registering your trademark in every country where you conduct business is crucial to ensure full protection. Without proper registration, your brand may be vulnerable to infringement or unauthorised use in other markets, which can damage your business and reputation.

How to Secure Your Brand Across Borders

Trademark laws differ between countries, and understanding these differences is key to securing your brand internationally. For example:

  • Australia follows a “first-to-use” system, meaning that trademark rights can be established through use in the market, even before registration. However, registering your trademark provides much stronger protection. Australia also offers a TM Headstart service, allowing applicants to have their application reviewed before formally filing​.
  • New Zealand also operates under a “first-to-use” system, but with a faster registration process compared to Australia, sometimes completing registrations within 6-9 months. As in Australia, separate applications are required for each class of goods and services​.
  • The Philippines generally follows a “first-to-file” system, meaning that trademark rights are granted to the first person who applies for registration. However, prior use can still be a valid defence in disputes over ownership. Additionally, trademark owners must file Declarations of Actual Use (DAU) at set intervals (after 3 years, 5 years, and upon renewal) to maintain their rights​.

To further extend your brand’s protection, we can help you file an international trademark application through the Madrid Protocol, which allows you to protect your brand in up to 131 countries. However, you’ll need to secure your home trademark registration first before applying internationally.

For more detailed guidance, explore our FAQs:

Why Trademark Protection and Design Matter for Your Business
Securing your brand’s identity is crucial for long-term success. Whether you’re launching a new venture or rebranding after an unsuccessful trademark application, protecting your intellectual property ensures your brand stands out in the market and is legally protected. At Markport™, we recognise the importance of safeguarding your brand from the outset, allowing you to focus on growth without the risk of infringement or legal disputes.

How We Help: Responsible Trademark Management and Brand Design
We start by helping you secure your home trademark registration, whether you’re in Australia, New Zealand, or the Philippines. We can also extend your brand’s protection globally through the Madrid Protocol, giving you legal coverage across multiple countries with a single application.

If you’re in the early stages of branding or need to rebrand due to a failed trademark attempt, our expert design team can work with you to create a stronger, more distinctive brand. By combining responsible trademark management with strategic brand design, we ensure your business is well-positioned for success, both legally and commercially.

What We Offer: Comprehensive Trademark Protection and Design Services
At Markport™, we provide:

  • Trademark registration in Australia, New Zealand, and the Philippines
  • International protection via the Madrid Protocol
  • Rebranding and design services to strengthen your brand
  • Full support from application filing through to trademark maintenance

With our expertise, your business can move forward confidently, knowing your brand is legally protected and recognised.

For more information or to get started, contact us today.