Applying for an international trade mark
Filing an international application
There are two ways to file an international application:
- You can lodge your application online using eServices.
- You can complete an
International Application form and send via mail.
Note: the form must be completed in type, handwritten forms will not be accepted. If the United States of America is to be designated, a MM18 form is also required at time of lodgement.
We will not issue a request for a MM18 form, this form (if required) must be lodged with us within 6 weeks of filing the international application. Your application into the USA will be abandoned if the MM18 is not received by WIPO within 2 months of the international application being filed.
Our handling fee of $100 is required at time of filing to receive a filing date. The full fees required can be paid either to us (in AUD) or WIPO (in CHF).
Paying through IP Australia
We will only issue a request for our $100 handling fee, we will not issue a request for WIPOs basic fee or the fees for countries designated. If you wish to pay the full fees through us, ensure payment is made within 6 weeks of filing the international application.
Paying direct to WIPO
- Applications via eServices
When filing through eServices payment must be made at the same time as filing. Customers will pay the International Application and IP Australia handling fee, in Swiss Francs (CHF) in as single transaction.
- Applications via Mail
When your application is received by WIPO they will issue a letter (irregularities notice) stating the required fees in CHF. This letter will also include payment options and due date for payment (usually two months after letter was issued).
Payment of our $100 handling fee is still required at the time of filing
You can find further information regarding the payment of fees on WIPO's website.
Our role as office of origin
We act as an office of origin under the Madrid Protocol. As an office of origin we are required to:
- check the application;
- certify that the information in the application corresponds with the information held by the Registrar in respect of the application for registration of the trade mark (the basic application) or the registration of the trade mark (the basic registration), as the case requires; and
- if the application results in an international registration-notify the International Bureau if the basic application or the basic registration is withdrawn, restricted or cancelled or lapses, expires or otherwise ceases to have effect in respect of some or all of the goods or services listed in the international registration:
- within 5 years after the date of the international registration; or
- after that time, if the action that resulted in the basic application or the basic registration being so affected began before the end of that 5 year period.
- We also perform a classification check at filing stage to try and avoid an irregularity letter being issued.
The detailed functions for the Office of origin are set out in the Protocol and the Common Regulations.
Last Updated: 12/3/2015