Hi, just after some advice on us trademarks. Is it similar to Australian class and services? If I file for a Australian trademarks will it but me time so I can file under the Madrid protocol?
Thanks in advance
Trade mark registration can be complicated so ‘advice’ can only be given after full review of the situation… but, for information purposes:
The class system is followed by most countries around the world. So, your class number will be the same in Australia and US. If you file through the Madrid, it will automatically claim the same goods/services that you have entered in Australia for the other countries you designate. US is more pedantic about the way you claim the goods/services though. Also note an international application under the Madrid Protocol is dependent on your Australian trade mark for five years. If your AU mark receives an objection or lapses for any reason in those five years it would affect your international application under the Madrid system too.
Once you file in Australia you have what is called a priority period to file overseas. this is 6 months. Basically, if you file into other countries (using the Madrid system or national applications) within 6 months you can claim your Australian filing date in those other applications. This does not mean you are protected in those countries, but, the offices will basically treat your international applications as though filed the same date as in Australia even though physically you are filing later. You can still file overseas after 6 months but would not have the benefit of claiming your Australian filing date.