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Internationale 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 120 countries (including the EU, USA, China, Japan, India; current status).
Advantages of a International Trademark
- Protection in more than 120 countries possible with a single application.
- Flexibility - You decide which countries you select. An extension at a later date is also possible.
- 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.
Who can apply?
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
Application
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:
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:
Fees
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.
The Procedure
After the application, the Austrian Patent Office examines the requirements for the registration of an international trademark, in particular the conformity of your international application with your national basic trademark.
Then your application will be forwarded to the World Intellectual Property Organization (WIPO). You will be informed in writing about the forwarding of the application. WIPO examines the application, if all requirements are met the trademark will be registered and published in the "Gazette des marques internationales".
Examination of protectability
The examination of the protectability of international trademarks takes place in the selected countries: Within one year (under MMP within 18 months) you have the possibility to refuse protection according to your national laws. If protection is granted, the owner of an international trademark has the full rights of a national trademark owner. If the trademark is refused in one country, the trademark protection remains in force in the other countries granted.
For example, if protection is applied for in Austria for a trademark via the Madrid System, the application will be examined under the Austrian Trademark Protection Act. If no refusal of protection is issued within one year or if a declaration of grant of protection is issued, the trademark has obtained protection in Austria.
Dependency
For five years from the date of its registration, the international registration remains dependent on its national basis (trademark application or registered trademark). Therefore, within this period of time, the change of the national basis (e.g. restriction of the list of goods and services) causes an official parallel correction of the international trademark. If the basis ceases to exist completely (e.g. legally binding rejection or withdrawal of the application or cancellation of the registration) within the dependency period, the international trademark based on it also ceases to exist and is deleted from the WIPO International Register upon request of the authority of origin.
However, the Madrid system provides the possibility of conversion into national applications.
International Trademark Registration / Publication
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 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 month 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
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