International trademark: basics
The Madrid System is based on the Madrid Agreement (MMA) and the Protocol Relating to the Madrid Agreement (MMP). It allows you to extend the protection of your trademark or trademark application to more than 130 countries – including the U.S., China, Japan, India, and the entire EU – with a single application.
The registration and subsequent administration of an international trademark is handled by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, which also maintains the Register of International Trademarks.
The advantages of international registration at a glance:
- Protection in more than 130 countries is possible with a single application
- Flexibility – you decide which countries to select. Subsequent extension of protection to additional countries is possible both through the Austrian Patent Office and via the Madrid e-Filing system of the World Intellectual Property Organization (WIPO)
- Practicality – an international trademark is a bundle of intellectual property rights whose legal status is largely independent of one another
- Application, administration, and renewal are simpler and therefore more cost-effective
You can also find more details in information sheet MA571 (available in German only).
To file an application via the Madrid System, you first need a trademark or trademark application in Austria – the “basic trademark.” You must also meet at least one of the following criteria:
- residence in Austria
- Austrian citizenship
- a commercial or trade establishment in Austria
Important: The international registration remains dependent on the basic trademark for five years. Changes to the basic trademark, e.g., a limitation of the list of goods and services – automatically affect the international registration. If the basic trademark ceases to exist entirely during this period – through withdrawal or cancellation – the international registration also expires. In this case, the Madrid System provides for the option of conversion into national applications.
The costs consist of two parts:
- Fee payable to the Austrian Patent Office (domestic fee): €141 or CHF 141 for applications filed via Madrid e-Filing
- Fees to WIPO (World Intellectual Property Organization): CHF 653 base fee (or CHF 903 for color trademarks) plus country- and class-dependent fees
Unlike with a paper application, with Madrid e-Filing the domestic fee must be paid directly to WIPO in Swiss francs along with the registration fees. In this case, please do not transfer any domestic fees to the Austrian Patent Office.
The total costs depend on how many countries you designate and how many classes of goods and services you apply for. You can calculate the costs in advance using the WIPO Fee Calculator.
International trademark: Here's how it works
The application is filed through the Austrian Patent Office as the Office of Origin: You submit your application here, the Austrian Patent Office checks for consistency with your basic trademark, and then forwards the application to WIPO.
Here’s how to apply:
- online via Madrid e-Filing
- by submitting the completed MA572 form via the Austrian Patent Office's online form
- by mail using Form MA572
Applications submitted by email are not permitted.
The date of your registration corresponds to the date of receipt by the Austrian Patent Office, provided that the application is forwarded to WIPO within two months. Otherwise, your application will be assigned the date on which it was actually received by WIPO.
In addition, it is possible to claim the priority of a registered Austrian trademark or a trademark application (e.g., the Austrian basic application) for an international registration. The prerequisite for this is that your application is submitted to the Austrian Patent Office within six months of filing the Austrian trademark application.
- Madrid e-Filing is only available as of the day following the national trademark application: If you filed the national basic trademark online today, for technical reasons you can only submit the application for international registration via Madrid e-Filing as of the following day.
- online instant payment (recommended): If you select credit card or direct debit as your payment method with WIPO, an online instant payment via Madrid e-Filing is required in order to submit the application to the Austrian Patent Office. Payment of all fees – including the domestic fee – is made directly to WIPO, not to us. Due to current EU regulations on payment security, payment issues may arise with 3D Secure-enabled credit cards. Check the downloadable summary of your application to see if the application confirmation includes a receipt date. If this is missing, the application has not been legally filed. Upon successful filing, you will receive an e-mail confirmation that the application has been received by the Austrian Patent Office.
- payment by bank transfer: You may first submit the application and then make the payment via bank transfer to WIPO’s account. Be sure to include the application reference number in the payment description. Please make the transfer immediately – the Austrian Patent Office will not forward the application until the payment has been received by WIPO.
You can find more detailed instructions in Information Sheet 571A (available in German only) on Madrid e-Filing.
WIPO conducts a formal examination of the application and, if all requirements are met, registers the trademark in the International Register. The registration is published in the WIPO Gazette of International Marks. The International Register of Trademarks is maintained centrally by WIPO.
Each designated country then examines the trademark for registration criteria under its national law. The Contracting Parties have between 12 and 18 months to grant or refuse protection for the trademark. You can check the status of your trademark in each designated country at any time via the Madrid Monitor. If no preliminary refusal of protection has been issued during this period or a Statement of Grant of Protection is visible in the register, the trademark is protected in the designated Contracting Party. A refusal in individual countries does not affect protection in the others.
If your international trademark is granted protection in a country, you have the same rights there as the holder of a national trademark. The registration is valid for ten years from the date of registration and can be renewed for additional ten-year periods as often as desired.
You can track the status of your application at any time in the Madrid Monitor.
After registering your international trademark, you can use eMadrid to submit applications directly to WIPO for the renewal, cancellation, limitation, or extension of the territorial protection of your IR trademark to additional Contracting Parties.
You can file other applications related to international trademarks online through the Austrian Patent Office. This includes transfers as well as other applications (e.g., division, subsequent designation, changes of name and address).
Designating the United States in the Madrid System involves special requirements that go beyond the standard requirements. For example, U.S. trademark law requires, among other things, a declaration of the actual or intended use of the trademark using Form MM18.
Please refer to our separate information sheet (available in German only) before designating the United States in your application.
If an official deadline is extendable, an extension may be requested.
In the trademark application process, a request for reinstatement may be filed after a trademark application has been rejected due to a missed deadline. The request must be filed within two months of the notice of rejection being served, the omitted action must be completed, and the reinstatement fee must be paid. A justification for the missed deadline is not required (unlike in the case of a request for reinstatement of rights). The fee for such a request is €156. The request for continued processing can be filed online.
NOTE: Unfortunately, the form currently does not provide a payment option for a missed fee – please therefore pay it separately from the online form, but be sure to do so within the two-month deadline!
In the event of a failure to meet deadlines granted by the International Bureau (IB) of WIPO, a fee-based request for “Continued Processing” may be filed directly with the IB (Form MM20). This must be filed by the applicant, the holder of the right, or the appointed representative within two months of the deadline’s expiration and the omitted action must be completed.
Forms as PDFs
We recommend submitting your application through Online Filing. If you prefer to file by mail, please send an email to info[at]patentamt.at, and we will provide you with the appropriate PDF form.
Our trademark services
Before you apply, have your trademark examined or search for similar trademarks yourself – we’ll support you on every step of your journey toward registration.
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