Information for Associates - Trade Marks Filing Requirements

Minimum Requirements

• Name, nationality and address of applicant;
• Convention details (if any);
• Details of the mark and the goods and/or services for which the mark is to be registered within respect of;
• A good quality hardcopy/electronic copy of the mark if it includes a graphic or stylized element

Madrid Protocol
Australia acceded to the Madrid Protocol with effect from 11 July 2001.

Australian companies and individuals can now file International Trademark Applications, under the Madrid Protocol, based on their Australian trade mark applications and/or registrations, designating up to sixty five plus (65+) countries. An International Application serves as a bundle of applications filed in the designated countries, and an International Registration is ultimately issued by the World Intellectual Property Organisation (WIPO).

Major countries which can be designated include: China (PRC), Japan, USA and the  members of the European Union (including Austria, Belgium, France, Germany, Italy, the Netherlands, Spain, Sweden and the United Kingdom).

At present, Canada is not a member, but it is seriously considering accession to the Protocol.

The filing costs depend (a) on the number of countries designated, (b) the number of classes of goods/services for which registration of the trade mark is sought, (c) whether the trade mark is a word or device, and (d) the number of Australian applications/registrations on which the international application is based. (NB: Some countries require the payment of respective designation fees, which may be dependent on the number of classes of goods/services.)

We can advise on the suitability and approximate cost of the Madrid Protocol for trade mark protection outside Australia.

For more information...