International Trademark (Madrid System)

The Madrid Agreement (MMA) and the Protocol to the Madrid Agreement (MMP) govern the international registration of trademarks. This gives you the opportunity to extend the protection of your trademark (or trademark application) to other countries. With a single application, trademark protection can be obtained in currently more than 130 countries (including the EU, USA, China, Japan, India; current status).

• Protection in more than 130 countries possible with a single application.
• Flexibility - You decide which countries you select. An extension at a later date is also possible via eMadrid.
• Prakticability - An international brand is a bundle of protective rights whose legal fate is largely independent of each other. 
• Application, administration and renewal are easier and therefore more cost-effective.

Application at the Austrian Patent Office requires that you are the owner of an Austrian trademark or trademark application ("basic trademark"). In addition, you must meet one of the following criteria:

• Resident in Austria
• Austrian nationality
• commercial or trade establishment in Austria

The registration and administration of an international tradmark is carried out at the World Intellectual Property Office (WIPO) in Geneva, which maintains the Register of International Trademarks.

The easiest way is to apply online: 

Madrid eFiling

Application using the paper form: Form MA572. The information sheet (MA571) gives you helpful tips and tricks. Please note that the paper form and information sheet are only available in german. 

Should you apply for the international trademark for the USA as well, please note the following information:

The request is subject to both a fee to the APO, namely a domestic fee of € 141, and fees to WIPO in Swiss francs (CHF): CHF 653 (or CHF 903, if trademark is colored). The other fees depend mainly on which countries are chosen and how many classes of goods and services are requested. With the WIPO fee calculator you can easily calculate the costs of your application in advance.

After the application, the Austrian Patent Office examines wheter the requirements for the registration of an international trademark are met, in particular wheter the international application corresponds with the national basic mark.

Subsequently, your application will be forwarded to the World Intellectual Property Organization (WIPO). You will be notified via E-Mail about the forwarding of the application to WIPO. WIPO examines the application and, if all formal requirements are met, enters the trademark in the International Register and publishes the registration in the "Gazette des marques internationales".

The examination of the protectability of international trademarks is carried out in the designated Contracting Parties. These countries have one year (or 18 months under the Madrid Protocol) to refuse protection in accordance with their national legislation. If protection is granted, the owner of an international trademark acquires the same rights as a holder of a national trademark. If protection is refused in a particular country, this does not affect the validity of the registration in the other designated countries.

If, for example, protection is requested in Austria for a trademark via the Madrid System, the application is examined in accordance with the Austrian Trademark Protection Act. If no refusal of protection is issued within a period of one year, or if a statement of grant of protection is issued, the trademark is deemed to have obtained protection in Austria.

For a period of five years from the date of its registration, the international registration remains dependent on its national basis (i.e. the national trademark application or registration). Therefore, any amendment to the national basis with respect to the protected goods or services within this period (e.g. a limitation of the list of goods and services) will result in an ex officio parallel correction of the international trademark. If the national basis ceases to exist entirely within the dependency period (e.g. through a final refusal or withdrawal of the application, or cancellation of the registration), the international trademark based thereon will also cease to exist and will be deleted from the International Register of WIPO upon request by the Office of origin.

However, the Madrid system provides the possibility of transformation into national applications in such cases.

Your international registration will be assigned the date of receipt of your request at the Austrian Patent Office as the date of filing, if it is forwarded to WIPO within two months. Otherwise, your application will be assigned the date on which it was actually received by WIPO.

Furthermore, 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 requirement for this is that your application is filed with the Austrian Patent Office within six months after filing the Austrian trademark application. 

The register of international trademarks is managed centrally by WIPO.

Publications of registered trademarks and amendments can be found at

• Madrid Monitor
• Gazette OMPI des marques internationales/WIPO Gazette of international marks - contains current registrations and is published weekly

Following the registration of your international trademark, you may submit requests for renewal, cancellation, limitation, or extension of the territorial scope of protection of your international registration to additional Contracting Parties directly to WIPO via eMadrid.

Further requests related to international trademarks may be submitted online via the Austrian Patent Office: 

• Transfer of rights
• Other requests