Joint ownership of IR mark applications is possible, provided that the basic application or the basic registration is also jointly owned by the same applicants. Each of the applicants must thereby fulfill one of the requirements for file with the contracting party whose office is the office of origin. However, it is not necessary that all co-applicants fulfill the same requirement. For example, Applicant 1 may be a national of the State which is the Contracting Party whose Office is to be the Office of origin, while Applicant 2 may be domiciled in that State, and Applicant 3 may have a commercial establishment in that State.

Practical impact:

It is possible to jointly apply for an IR mark even if the individual co-applicants’ entitlement to file with the respective contracting party differ. Of course, one has to be very careful in formulating the ownership of the basic registration.