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International Application forms

Since 1st October 2004, it is possible to file an international application or a subsequent designation on a basis of a CTM or CTM application.

Submitting forms
Applicants have a choice as to how they want to submit their forms. They can either:

  • Post them directly to the OHIM in Alicante at the following address:
    Office for Harmonization in the Internal Market
    Receiving Unit
    Avenida de Europa, 4
    E-03008 Alicante, Spain
  • Hand them in at the Office reception, during opening hours (08:30-13:30, 15:00-17:00)
  • Fax them to the Office, using the following fax number ONLY: (+34) 965 131 344

Please be aware that E-filing is currently not available for International trade mark applications.

The International Application Form

It is compulsory to use the official form (Article 147 (1) CTMR), that is:

  • either the WIPO Form MM 2 (in French, English or Spanish at http://www.wipo.int/madrid/en/forms/) or
  • the OHIM adaptation of MM 2 (OHIM Form EM 2) which is available hereafter in French, English, Spanish as well as in all the other 19 official languages of the EU.

Other language versions (EM2):

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The Fee Calculation Sheet is considered an essential part of the international application. If it is not completed in the correct language (i.e. the language in which the international application is to be transmitted to WIPO) and attached to the EM2, WIPO will consider the application to be irregular.

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OHIM Form EM 2 French, English and Spanish have the same contents and almost the same layout as WIPO Form MM 2 with the following slight adaptations:

  • there is an introductory item 0 which prompts for indication of the references of the applicant (item 0), indication of payment details (item 0.4) and allows indication of the number of pages (item 0.5);
  • certain choices are limited to what is applicable to OHIM (for example, OHIM is always the Office of Origin, and the nationality of the applicant must be from a member state of the EU);
  • the representation of the mark need not and shall not be given but will be included by OHIM from our database (item 7).
  • since there is no self-designation possible, the EU is not included in the list of Contracting Parties to be designated (item 11).

All other language versions of OHIM Form EM 2 are translations of that Form which contain, in addition:

  • check boxes (item 0.1) to indicate the language in which the international application shall be transmitted to WIPO;
  • check boxes (item 0.2) to opt for the language in which OHIM is to communicate with the applicant in matters concerning the international application, that is, either the language in which the international application is filed or the language in which it is to be transmitted to WIPO (see Article 147 (1), second sentence, CTMR);
  • check boxes (item 0.3) by which it must be indicated either that a translation of the list of goods and services is included or that OHIM is authorised to establish the translation;
  • a final item A with check boxes to specify the annexes (attached translations).

The Subsequent Designation Form

It is compulsory to use the official form that is, either:

  • the WIPO Form MM 4 (in French, English or Spanish at http://www.wipo.int/madrid/es/forms/) or
  • the OHIM translation of MM 4 (OHIM Form EM 4) available hereafter in all the other 19 official languages of the EU. OHIM Form EM 4 have the same contents and almost the same layout as WIPO Form MM 4:

Other linguistic versions (EM4):

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The Fee Calculation Sheet is considered an essential part of the subsequent designation. If it is not completed in the correct language (i.e. the language in which the international application is to be transmitted to the WIPO) and attached to the EM4, the WIPO will consider the application to be irregular.

PDF
Word ES EN FR

International Application and Subsequent Designation Forms
When the EU is designated (OHIM as Designated Office)

Since 1 October 2004, it is possible to designate the European Community, using WIPO's Forms at http://www.wipo.int/madrid/en/forms/:

  • MM2 (Application for IR exclusively governed by the Madrid Protocol),
  • MM3 (Application for IR governed by both the Madrid Agreement and the Madrid Protocol) or
  • MM4 (Designation subsequent to the IR).

These forms have been modified by WIPO to allow in particular the indication of a second language different from the first one among the four remaining ones of OHIM when the EU is designated.

As regards seniority claimed in the IA, a separate form has been created to be annexed, to the IA designating the European Community or to the subsequent designation of the European Community:

  • MM17 (Claim of Seniority- European Community).

Application for Conversion of an International Registration (‘IR’) designating the EU

For all types of conversion, the completed form has to be sent directly to OHIM in Alicante.

Forms Notes
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Since the " opting back " “ type of conversion is treated by WIPO as a subsequent designation, in this type of conversion all fees relating to the subsequent designation(s) will have to be paid directly to WIPO.

WIPO Fee Calculation Sheet should therefore be enclosed, in the language of the IR.

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Word ES EN FR