WHAT ARE THE REQUIREMENTS FOR AN ‘INTERNATIONAL’ APPLICATION?
The requirements for an ‘international’ application are:
- you must have an application and/or a registration in Australia on which to base your application
- you must meet entitlement requirements within Australia
- the mark on the international application must be identical to that contained on the Australian application/registration
- likewise, all the goods and services in your international application must be covered by the claims in the Australian application/registration
- the applicant on the international application must also be the applicant on the Australian application/registration
About The Applicant
An applicant, whether a person or legal entity, must satisfy at least one of the following criteria:
- the applicant must be an Australian national
- the applicant must be domiciled in Australia
- or the applicant must own a real and effective industrial or commercial establishment in Australia
The requirements for an ‘international’ application mean you’ll need to keep the following issues very much in mind.
Applications using the Madrid Protocol must be based on an existing Australian trade mark.
So, you can’t change or tweak your trade mark or registration for the overseas market.
For example, the trade marks must be identical on both applications. Likewise, all goods and/or services claimed in the international application must be covered by the claims in the Australian trade mark. In addition, the applicant of the Australian trade mark and the international application must be the same.
Finally, if you have multiple trade marks, they can be listed on the same international application as long as the trade mark and applicant are the same.