1. Application

Australian application:

You must already have an application or registration in Australia. An application can be filed with IP Australia but the requirements for registration must be met.

International application:

You must file an application for an international trademark through IP Australia. This can be done in English.

For IP Australia to consider your application, it must be filed through the Madrid eFile System. This can be accessed through IP Australia’s online services.

2. WIPO examination

The World Intellectual Property Organisation (“WIPO”) formally examines your international application.

If the application is approved, the trademark is published in the WIPO Gazette of International Marks and recorded on the International Register.

WIPO will then issue you with a certificate of international registration. WIPO will inform the relevant IP Offices of the countries where you have designated your trademark to be protected of your registration.

3. Domestic examination

Substantive Domestic examination:

The relevant IP Office of the country that has been designated to have your trademark protected will examine the substance of your registration as though it was registered in that country.

4. Objection

Objection/refusal by designated country:

The IP Office of the designated country may, after an examination, refuse to protect your trademark. The time limit for refusal is typically one year. However, the designated country may declare that the time limit is replaced by 18 months.

If the refusal results from an opposition, the refusal of protection may be notified after 18 months.

5. Registration

If no refusal:

Your trademark is protected in the designated country in the same manner as if it had been registered in that country. The trademark is registered from the date the application was received by IP Australia for a period of 10 years.

You must pay fees.

If refusal:

If you receive a notice of refusal, you have the same rights and remedies as though the trademark was directly registered in the designated country.

For example you may be able to review the decision to refuse protection of the trademark.