International trade marks can seem complicated at first. Here are some frequently asked questions that can help you understand how it all works.
Frequently asked questions
What is Madrid e-Filing?
This is an online process that allows you to file your international application online from one site through our online services.
How do I get to Madrid e-Filing?
Log onto IP Australia’s online services and select the option ‘Application for International Registration (Madrid Protocol)’. You will then be taken to the Madrid e-Filing system website.
For more information please see:
What is WIPO?
WIPO is the World Intellectual Property Organization.
Can I file without using Madrid e-Filing?
Madrid e-Filing is the only channel for international registration applications (Madrid Protocol). The full fees required are paid to WIPO in Swiss francs (CHF) at the time of filing your application.
What is the additional form required for the USA?
If you want to designate the United States of America (USA) as a country, you are required to file an MM18 form. We will not issue a request for an MM18 form as part of our work, but a completed MM18 form must accompany your application. The system won’t allow you to complete or submit an application until one is attached.
What does IP Australia do under the Madrid system?
IP Australia’s agreement with WIPO as an office of origin under the Madrid Protocol requires our office to:
- check the application and certify that the information in the international application is the same information held by us
- accept responses to irregularity notices (excluding fees) on behalf of WIPO
- notify the International Bureau of trade mark withdrawals, restrictions, cancellations, lapses and expiries.
The detailed functions for the office of origin are set out in the Protocol and the Common Regulations.
What are WIPO’S online services?
Madrid Real-time Status (MRS) is a service that allows you to access the real-time status of your trade mark documents being processed by WIPO.
Madrid Electronic Alert (MEA) is a free ‘watch service’ for monitoring the status of certain trade mark registrations. Subscribers can receive daily email alerts when changes are recorded in the international trade marks register.
Madrid Portfolio Manager (MPM) is a service that allows holders of international registrations and their representatives to access their international trade mark portfolios. This is helpful when submitting new requests in the WIPO international trade mark registry.
Madrid Information Notices is a service that provides information on changes happening within the Madrid Protocol (such as changes in individual country fees, countries acceding to the Protocol and changes to rules).
How will this system handle the fee for my application?
You will pay the international application in Swiss francs through a single transaction directly to WIPO through the Madrid e-Filing system. This is done at the time of filing.
Will I be able to track my application?
The Madrid e-Filing system will display the progress of the application until it is with IP Australia for verification. Once the application has been submitted to WIPO, you can still check the status by conducting a 'realtime' search on WIPO’s search facility Madrid Monitor.
How will I be notified of my international registration?
Once WIPO has issued an International Registration Number (IRN) and recorded it, WIPO will issue a Certificate of Registration.
Will IP Australia still certify my application?
Yes. Once you submit your application it is sent to IP Australia for certification. Only after being certified by IP Australia will the application be submitted to WIPO. Submitting an application to WIPO can only be done by IP Australia staff.
Will I be able to delete an application?
Yes, but only if the application hasn’t been submitted to IP Australia for certification. If the application has been submitted for certification, or if the application has been submitted to WIPO you can only withdraw it by filing a written request to us.
How can I submit an application for subsequent designations?
WIPO provides a separate web service for filing subsequent designations.
Will it be more expensive filing in Swiss francs?
You will be charged the exchange rate for the day when submitting your application.
How will I be notified that the application was submitted?
You will receive a ‘Notification of Certification’ email advising the application has been certified by our office and submitted to WIPO.