60.2.5 Fees for International Applications

2.5.1  Relevant Legislation

Madrid Protocol

Article 8 Fees for International Application and Registration

Madrid Protocol Regulations

Rule 10 Fees Concerning the International Application

Trade Mark Regulations

Schedule 9 Fees

2.5.2  General Description

International application fees must be paid before the international application can be recorded in the International Register. Fees are paid directly to the IB in Swiss francs.

2.5.3  Application Fees

The current international application fees include:

• a basic fee (note that the basic fee is greater where the reproduction of the mark is in colour)

and

• a complementary fee  for each designated country which does not require an individual fee, or the individual fee for those designated countries that require it.

and

• or a supplementary fee for each class of goods and/or services over three classes in the international application. This fee does not apply if all the designated countries have individual fees.

A number of countries including Australia, receive an individual fee instead of their share of the supplementary/complementary fees. The individual fee can be no higher than the equivalent national filing and registration fee(s). The WIPO website includes a fee calculator which makes the calculations in Swiss francs.

Note:  All country fees paid under the Madrid Protocol cover both the application and registration for a period of ten years, except for where the Contracting Party has made a declaration that the individual fee in respect of a designation of that Contracting party comprises two parts, the first part at the time of filing the international application or subsequent designation and the second part to be paid at a later date, which is determined in accordance with the law of that Contracting Party.  The list of individual fees, including information on Contracting Parties that have a two part fee, is at:

http://www.wipo.int/madrid/en/fees/ind_taxes.html

2.5.4  Subsequent Designation Fees

When a country or countries are added to the international registration (subsequent designation), the fees applicable include the basic fee and a complimentary fee/individual fee. Unlike an application, there is no supplementary fee to pay for a subsequent designation.