Possible changes regarding international trademarks
Information and data regarding holders of international trademark rights and representatives (such as residential address, last name, etc.) can be changed during the application phase or after registration.
You can also transfer, pledge, license, partially restrict, or completely renounce an international trademark in whole or in part.
You can submit these kinds of changes easily, securely, and conveniently via our Online Filing System or directly to the World Intellectual Property Organization (WIPO) via eMadrid. For detailed instructions on how to fill out the WIPO forms, please refer to this guide.
When using our Online Filing System, upload the corresponding WIPO form as a PDF attachment signed by the applicant, or submit the necessary information in a separate document.
The changes must be substantiated in an appropriate manner, and these documents (commercial register extracts, marriage certificates, etc.) must be attached as uncertified PDF copies.
The name or address of the holder of the international trademark may change (e.g., due to a company name change, marriage, or divorce) without the holder of the name (natural or legal person) changing. An entry in the international register is not required for such changes to take effect, but is recommended to ensure that the holder of the trademark remains reachable by the Office and third parties and to prevent delivery issues.
Name changes or changes to the company name are subject to a fee and must be supported by relevant documents (extracts from the commercial register, marriage certificates, etc.). A request for this type of change costs CHF150,-.
Address changes (such as a change of mailing address, phone number, or e-mail address) or changes in representation are free of charge and do not require supporting documents.
Please upload the completed document via the online form.
MM9: Name and address change of the holder of the trademark
MM10: Name and address change of the representative
MM12: Registration of a new representative
If you transfer a trademark right in whole or in part to a new owner through a legal transaction (sale/purchase/gift, etc.), you will need proof for the change of ownership in the register, such as a joint written declaration from the previous and new owner(s), a deed of transfer, or a purchase agreement.
In the case of a transfer of rights due to a merger, division, or conversion of the company, or due to inheritance, proof must be provided by submitting documents, e.g., by presenting a devolution certificate with confirmation of legal validity or extracts from the commercial register or other relevant registers that demonstrate the transfer of rights.
Austrian documents may be submitted as uncertified copies; foreign documents require notarization or certification by a court, including legalization, depending on the country of issuance, but may also be submitted as copies.
For transfers made in the course of insolvency proceedings, the certificate of appointment of the insolvency administrator must be submitted, and, if applicable, proof of the court’s approval of the transfer must also be provided.
A transfer of rights is valid even without registration in the register. However, rights against third parties can only be asserted by the trademark owner listed in the register, and all notifications are sent to that person—therefore, updating the register is recommended.
The holder of the trademark may also apply for the full or partial transfer of an international trademark directly to WIPO via eMadrid.
In this case, no further documents need to be submitted to WIPO.
The fee for international trademarks is CHF177,- per trademark concerned.
Please upload the completed MM5 document via the online form.
Here you can obtain a non-binding template for the declaration of assignment.
When an international trademark or international trademark application is divided, the trademark itself is not changed; instead, only the list of goods and services is split. This results in multiple international trademarks, each covering a part of the original list, which continue to belong to the same owner.
A division may be useful, for example, to continue parts of the trademark separately in the event of disputes or ongoing proceedings. Possible reasons for a division:
- If, during the examination process, protection for an international trademark is denied in Austria for only a part of the claimed goods or services, the grant of protection for the part that is not objected to is also delayed until the question of whether the objection was valid is legally resolved (i.e., until a decision is issued by the Higher Regional Court of Vienna or the Austrian Supreme Court of Justice). It is possible to split the trademark and separate the goods and services that were rejected. This allows the trademark to be enforced for the registrable part
- Trademarks are often applied for uniformly across all business sectors of a company (e.g., house marks). If a need for financing subsequently arises in individual business units, the trademark could be divided, and only the sub-trademarks relevant to the respective business units could be pledged as collateral for a loan
The division is effected by means of declaration of division, which is not subject to any formal requirements, specifying the international trademark to be divided and the goods or services concerned. These must not overlap with the goods or services remaining in the original trademark or with those of any previous divisions. A statement of reasons is not required.
The request is subject to a fee. The fee of €100,- for the Austrian Patent Office must be paid within two months of filing the request. Otherwise, the declaration of division is deemed not to have been requested. At the same time, a fee of CHF177,- must be paid to WIPO.
Note: An application to divide an international trademark for Austria may only be filed through the Austrian Patent Office and only after the opposition period has expired. It is not possible to subsequently merge international trademarks resulting from divisions.
By limiting the list of goods and services for the international trademark for individual Contracting Parties (countries/regions), you waive part of the trademark protection, e.g., to avoid disputes or to remove unused areas.
The limitation may be requested from the Austrian Patent Office as the Office of Origin.
The request may only be filed by the registered trademark owner or their representative and is free of charge.
Please specify whether the limitation
- applies to all or to which specific goods and services
- applies to all or to which specific Contracting Parties
Alternatively, you can also upload the completed MM6 form.
You can either sign the online request electronically (eID card/mobile signature) or upload a corresponding confirmatory document with a handwritten signature as a PDF. For companies, ensure that the document is signed by an authorized representative.
The owner of an international trademark may also request to limit the goods and services directly with WIPO via eMadrid
A fee of CHF177,- per trademark must be paid to WIPO for registration, regardless of how many countries are affected by the limitation.
Tip: If the details of the owner of the international trademark to be restricted have changed from the current register status, you should also file a request for “transfer of trademark rights” or “change of name or address” so that the register details for the remaining trademark scope can be corrected. However, you can also submit a comprehensive request you have worded yourself under “other entries/requests.”
To extend the territorial scope of your trademark, you can apply for a subsequent designation of Contracting Parties (countries/regions).
This is done either through a direct application for territorial extension of protection (MM4) with WIPO or informally with the Austrian Patent Office, provided that the information required by the form is included. The application can be uploaded online. An application for subsequent extension of protection is only possible after the international trademark has been registered.
Fees apply for the application for subsequent designation, which must be paid directly to WIPO. The exact amount of the fees can be calculated using the WIPO Fee Calculator.
Please upload the completed MM4 document via the online form.
The application may also be filed directly with WIPO by the trademark owner via eMadrid.
Note: The term of protection for the subsequent designation expires at the same time as the term of protection for the international trademark.
The owner may file for the total or partial cancellation or renunciation of an international trademark through the Austrian Patent Office as the office of origin.
Please specify whether the cancellation/ renunciation is to be carried out
- for all or for which specific goods and services
- for all or for which Contracting Parties
Alternatively, you may also upload the completed Form MM7 (renunciation of certain designated Contracting Parties with respect to all goods and services) or Form MM8 (cancellation of the international registration with respect to all designated Contracting Parties regarding all or certain goods or services).
The online application must either be signed electronically (eID card/mobile signature) or a corresponding document with a handwritten signature must be uploaded as a PDF. For companies, ensure that it is officially signed.
Both the renunciation and the cancellation of the international trademark are free of charge.
Note: The application may also be submitted directly to WIPO by the holder.
The request for recording or cancellation of a license may be filed through the Austrian Patent Office if it is the holder’s office of origin or if the license relates to Austria.
The signatures of the licensor and the licensee must be notarized or certified by a court to verify their authenticity; in the case of companies, the signatory’s authority to sign must also be certified.
For country-specific notes regarding the validity of the recording of a license in the International Register, please refer to the WIPO website.
A fee of CHF177,- per international trademark concerned is payable to WIPO for the recording of the license.
Please upload the completed form.
MM13: Recording of a license
MM14: Amendment of a license
MM15: Cancellation of a license
Note: Requests for the recording of licenses may also be filed directly with the International Bureau of WIPO by the holder via eMadrid. In this case, no additional documents need to be submitted.
A request for the recording or cancellation of a restriction on the holder’s right of disposal may be filed by the holder through the Austrian Patent Office if it is the office of origin or if the restriction on the right of disposal or its cancellation relates to Austria. The cancellation of a registration obtained through the Austrian Patent Office can only be effected through the Austrian Patent Office.
To do so, please upload Form MM19 online or specify whether the restriction on the right of disposal is to be recorded
- for all or which countries
- and to what extent
The following must also be uploaded:
- When registering a lien: a letter of lien bearing the signatures of the Contracting Parties. The amount of the claim to be secured must be fixed or determinable
- Upon cancellation of a lien: the agreement or declaration of the lien grantor, by which the latter consents to the cancellation of the lien
In both cases, the signature of the lien grantor must be notarized or certified by a court regarding its authenticity and—in the case of companies—also regarding the signatory’s (sole) authority to sign.
Note: The request can also be submitted directly to WIPO using Form MM19 and uploaded via the WIPO contact form. In this case, no further documents need to be submitted.
In ongoing proceedings or in relation to existing international trademark rights, responses to official correspondence may be submitted – either along with additional documents or simply on one’s own initiative, e.g., the withdrawal of an application or an opposition.
The pleadings and documents must be uploaded as PDF files in uncertified form. Summaries or explanatory notes may also be provided in a comment field.
If you haven’t found a suitable form for your request, select the “other” option in the drop-down menu to submit your request.
Supported file formats: pdf, jpeg, wav, mp3, and mp4.
However, any applicable fees will not be automatically charged in this case. You are required to pay them manually.
You can use this form to request the correction of obvious errors in official documents and resulting inaccuracies in the WIPO International Register (essentially: typographical errors, errors in the preparation of official documents, or other oversights not resulting from an official decision).
Inaccuracies in the International Register resulting from an error by the Austrian Patent Office may be corrected by the Austrian Patent Office upon request within nine months of the publication of the erroneous entry.
Inaccuracies in the International Register resulting from errors by the International Bureau may be reported directly to WIPO via the WIPO contact form using Form MM21 at any time, and a correction may be requested.
There is no fee for this request.