1902.02(a)    Form of International Application

An international application must be filed either (1) using the Trademark Electronic Application System (TEAS) or (2) on the official paper form issued by the IB if permitted under 37 C.F.R. §7.4(c)  (see TMEP §301.02(c)) or accepted on petition pursuant to 37 C.F.R. §7.4(d)  (see TMEP §301.02(e)). 37 C.F.R. §7.11(a).

TEAS Form

TEAS will require the applicant to select between two different forms, a prepopulated form or a free-text form.  The applicant should use the prepopulated form if:  (1) the international application is based on a single basic application or registration; and (2) applicant’s changes to the international application are limited to:

  • Narrowing the list of goods or services;
  • Changing the classification;
  • Changing the applicant’s address; and/or
  • Attaching a color reproduction of the mark where the mark in the basic application or registration is in black and white with a color claim (see TMEP §1902.02(d), (e)).

The prepopulated form will automatically display the exact information that is in the Trademark database for one specific U.S. application serial number or registration number.  However, if the international application is based on a newly filed U.S. application that has not yet been uploaded into the USPTO’s automated records, the TEAS form will instruct the applicant to either wait for the USPTO to upload the data or use the free-text form.  It normally takes 48 to 72 hours for the USPTO to upload a newly filed U.S. application.  To determine whether the basic application data has been entered, the applicant may check the Trademark Status and Document Retrieval (TSDR) database on the USPTO website at https://tsdr.uspto.gov/.

The applicant should use the free-text form if the applicant wishes to change other data in the international application, or if the international application is based on more than one basic application and/or registration.

Permitted Paper Form

When permitted to be filed on paper (see TMEP §301.02(c)) or accepted on petition (see TMEP §301.02(e)), applicants must submit the official international application form issued by the IB, the MM2 form, to the USPTO.  This form is available on the IB website athttps://www.wipo.int/madrid/en/forms/. The IB’s Guide to International Registration has instructions for completing the international application form.  

The IB will not accept paper applications that are not submitted on the official IB form.  Article 3(1); Regs. Rules 9(2)(a), 11(4)(a)(i); Madrid Admin. Instrs. §2.  The form may not be handwritten.  Admin. Instrs. §6(a).  The applicant should complete the MM2 form online, print the completed form, and submit it to the USPTO by mail, hand delivery, or courier service.

The applicant should include a self-addressed, stamped postcard with the international application. Upon receipt of the international application, the USPTO will place a control number and a label indicating the receipt date on the documents and return the postcard to the applicant. The applicant should reference the control number whenever contacting the USPTO about the application.

The applicant may mail the completed paper application form using the first-class mail service of the U.S. Postal Service (USPS) to the address in TMEP §305.01. See §§305.02-305.02(h) regarding certificate of mailing procedures and §§305.03-305.03(e) regarding Priority Mail Express® procedures.

Alternatively, the applicant may deliver the application by hand or courier. See TMEP §307 regarding hand delivery of documents to the USPTO.

International applications may not be filed by email or fax and, if submitted by such means, will not be accorded a date of receipt. See 37 C.F.R. §2.195(c)(5).