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Madrid e-Filing

Online application for international trademarks.

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What is Madrid eFiling?

Madrid eFiling is the online filing of application for international trade marks by means of the Madrid System (Madrid Agreement and Protocol).

The Madrid Agreement enables - by means of a single application - applying for an international trade mark in more than 100 countries, including the EU, USA, China, Japan, India etc.

Prerequisites/Application

After registering with the WIPO (https://www3.wipo.int/iwa) you gain access to Madrid eFiling. Equipped with this WIPO account you can track the processing of your application at any time and keep on top of new developments.

A precondition of applying at the Austrian Patent Office is that you are the owner of an Austrian trade mark or trade mark application. Also, one of the following requirements must be met:

  • a place of residence in Austria
  • Austrian citizenship
  • industrial or commercial establishment in Austria

Advantages in comparison to applications in paper form

  • Digital data transmission enables speedier processing
  • Supportive guidance facilitates correct filling in of forms
  • Translation tools help in translation of the list of goods and services which is in German
  • Direct importation of the national bade trade mark's data out of the trade mark register
  • Submittal of trade mark images no longer necessary
  • A one-off payment of fees
  • Total fees calculated and indicated online
  • Your WIPO account enables you to keep track of the current status of application processing

Fees

A special bonus accompanies online application through Madrid e-filing, i.e. the national fee which is now directly payable to the WIPO amounts to CHF 141 (app. EUR 130) and is thus less expensive than the fees for an application in paper form for which the sum of EUR 141 falls due.

 

The costs of an international trade mark are mainly dependent on the selection of the countries in which it is intended to be in operation, the office of origin the application is submitted to and how many classes are necessary for the trade mark’s categorization. The WIPO Fee-Calculator makes it possible to calculate the costs of your application in advance.

Please Note

  • Immediate online payment required. In order to forward your application to the Austrian Patent Office Madrid e-filing requires instant fee payment via credit card/PAYPAL or charging an account with the WIPO. Currently, subsequent payment by means of bank transfer is not feasible.
  • National fee payable to the WIPO: As opposed to an application in paper form the national fee in conjunction with the registration fees is payable in Swiss francs to the WIPO directly. Be sure not to transfer money for national fees to the Austrian Patent Office!
  • Filing applications for international trade marks is not possible in respect of some types of marks such as multimedia marks. The Madrid System does not, either technically or legally, provide for the processing of such applications.
  • International applications for hologram, sound, motion marks and those marks categorized as “other” can only be carried out in those cases in which the mark presentation of the Austrian base trade mark was applied for exclusively in paper form or by means of JPG-file.
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