60.4.3 Filing/Data Capture/Allocation of Australian Trade Mark Number

4.3.1  Relevant Legislation

Madrid Protocol

Article 3 International Application

Madrid Protocol Regulations

Rule 14(1)(2) Registration of the Mark in the International Registrar

Rule 24(8) Recording and Notification (subsequent designations)

Trade Mark Regulations

Part 17A.2 Definitions for Part

Part 17A.3 Meaning of priority date

Part 17A.4 Meaning of date of effect

Part 17A Division 3

Trade Marks Office Manual of Practice and Procedure

Part 5 Data Capture, Indexing and Scanning

4.3.2  General Description

The IB notifies IP Australia when they register an international application where Australia has been designated.  

IP Australia receives IRDAs electronically.  Not all information contained on the IB's form is required by IP Australia.  All data is, however, stored in the Oracle database for reference if required.

The filing date of an IRDA is usually the date on which the international registration was filed with the Office of origin. However, if Australia was subsequently designated, the filing date for Australia is the date the request to extend the international registration to Australia was recorded by the IB.

The notification date is the date on which IP Australia receives the IRDA.  This date begins the 18 month period in which refusals must be notified to the IB.

The expiry date of the international registration is 10 years from the filing date of the international registration. Where Australia has been subsequently designated, renewal will in most cases be due less than 10 years after the notification date.

IRDAs will have an international registration number, and will also be allocated, for administrative purposes, the next available Australian trade mark number. Both numbers and the above dates are displayed on Australian Trade Mark Search and in RIO.