Trademark Electronic Application System International (TEASi) - Online Filing

Madrid Protocol forms

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1. Application for International Registration 

The USPTO is experiencing intermittent delays with transmitting fees to the World Intellectual Property Organization (WIPO). If you paid international fees to the USPTO with your international filing and receive an irregularity for the fees, please contact the Madrid Processing Unit at mpu@uspto.gov or the Trademark Assistance Center at 1-800-786-9199 (press 1).

Use this form to submit an international application for registration. If the international application meets the requirements of 37 C.F.R. section 7.11(a), the USPTO will certify and forward the international application to the WIPO. An international application submitted through the USPTO must be based on either (1) one or more application(s) that are currently pending at the USPTO; and/or (2) one or more registration(s) that the USPTO already issued. The international application may be based on more than one basic application or registration only if the mark and the owner are the same for all of the basic applications and/or registrations.

​Before filing, please review the Madrid Protocol pages for information and special filing instructions to include a voluntary mark description in your international application.

Note: The U.S. certification fee must be paid at the time of submission and is non-refundable. The U.S. certification fee is $100.00 per class if the international application is based on one single basic application or registration or $150.00 per class if the international application is based on more than one basic application or registration. The international fee may be paid through the USPTO in U.S. dollars when you file your international application or directly to WIPO in Swiss francs. A schedule of international fees and the WIPO fee calculator are available on WIPO's website.

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2. Subsequent Designation 

A subsequent designation is a request by the holder of an international registration for an extension of protection of the registration to additional countries that are party to the Madrid Protocol (Contracting Parties). The holder of an international registration may use this form to submit a subsequent designation through the USPTO for forwarding to WIPO, provided that: (1) the holder is a U.S. national, either domiciled in the United States, or having a real and effective industrial or commercial establishment therein; and (2) the international registration is based on a U.S. basic application(s) or registration(s).

See the Madrid Protocol pages for information and special filing instructions to include a voluntary mark description in your subsequent designation.

Note: A non-refundable $100 U.S. transmittal fee must be paid at the time of submission. The international fee may be paid through the USPTO in U.S. dollars or directly to WIPO in Swiss francs. You can avoid the U.S. transmittal fee by filing the subsequent designation form with the International Bureau online at: https://www.wipo.int/madrid/en/forms/. A schedule of international fees and the WIPO fee calculator are available on WIPO's website.
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3. Response to a Notice of Irregularity 

Use this form only if (1) you are submitting a response to a notice of irregularity in an international application issued by WIPO; and (2) the International Bureau response deadline has not expired. You may not use this form to respond to any International Bureau irregularities notice concerning another Madrid-related filing.

Note – response must be complete:  If your previous response was denied, you must respond completely to each issue raised in the notice of irregularity from the International Bureau to which you are responding through the USPTO. Please note that all fee irregularities must be remedied directly with the International Bureau. Even if your previous response to the irregularity submitted to the USPTO successfully addressed some of the issues, those responses must be restated in this response, along with addressing the additional issue(s) raised in the USPTO denial.

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4. Replacement request 

Use this form to request the USPTO to note the replacement of one or more U.S. national registrations with a registered extension of protection pursuant to Section 74 of the Trademark Act. 15 U.S.C. section 1141n; 37 C.F.R. section 7.28(a). The USPTO will only note the replacement in USPTO records and notify the International Bureau if the registered extension of protection and the U.S. national registrations are (1) owned by the same party; (2) identify the same mark; and (3) list the same goods and/or services.

Warning: Although you can file the Replacement request while your request for extension of protection is pending, the Replacement request will not be processed until the U.S. national registration issues. For more information on replacement see TMEP section 1904.12.
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5. Transformation request 

Use this form if as the holder of an international registration that has been cancelled, in whole or in part, you want to request the USPTO to transform the cancelled extension of protection into an application under Section 1 or 44 of the Trademark Act for registration of the same mark for any or all of the cancelled goods and/or services. The holder, or a practitioner meeting the requirements of 37 C.F.R. section11.14(a), must file such a request directly with the USPTO, and the transformed application will be examined as a domestic application.

You must file this form within three (3) months after the date on which the international registration is cancelled, in whole or in part, and must include the elements required by 37 C.F.R. section 7.31(a), including the holder's name and address, an email address for receipt of USPTO correspondence, the domestic application filing fee for at least one class of goods or services, and, if the holder's domicile or principal place of business is not located in the United States or its territories, the name, postal address, email address, and bar information for the U.S.-licensed attorney that will represent the holder before the USPTO. The filing fee is $350 per class if you select the TEAS Standard Fee filing option. For further information on transformation, see TMEP section 1904.09 et seq.
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6. Declaration of Use and Excusable Nonuse under Section 71 

Use this form to submit the required maintenance filings under Section 71 for a registered extension of protection through the Madrid Protocol.

You must file a Section 71 declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th)-year anniversaries of the date on which the USPTO issued the certificate of extension of protection (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth (6th)-year anniversary date). You must subsequently file a Section 71 declaration, specimen, and fee on a date that falls on or between the ninth (9th) and tenth (10th)-year anniversaries of the date on which the USPTO issued the certificate of extension of protection, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following each ten-year period). Failure to file the required Section 71 will result in cancellation of the registration and invalidation of the extension of the international registration to the United States.

Note: The owner of a registered extension of protection of an international registration to the United States must renew the international registration directly with the International Bureau. Under Section 70(b) of the U.S. Trademark Act, if the international registration is not renewed, the International Bureau will notify the USPTO that the international registration has expired. The USPTO will then update its records to cancel the corresponding extension of protection to the United States as of the expiration date of the international registration.

Note on representation: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TSDR database. After submission of this form, it is not necessary to file a separate appointment using the Change Address or Representation form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 71, the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney. For more information on who may represent registrants before the USPTO, please see TMEP sections 602 et seq.
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7. Combined declaration of use & incontestability under Sections 71 & 15 

You may file a Combined Declaration of Use & Incontestability under Sections 71 & 15 only if you have continuously used a mark registered on the Principal (not Supplemental) Register in commerce for five (5) consecutive years after the date of registration. You must file the Combined Declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth anniversary date). If you have NOT continuously used the mark in commerce for five (5) consecutive years, you must still file a Section 71 Declaration. You must subsequently file a Section 71 declaration, specimen, and fee on a date that falls on or between the ninth (9th) and tenth (10th)-year anniversaries of the date on which the USPTO issued the certificate of extension of protection, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following each ten-year period). Failure to file the required Section 71 will result in cancellation of the registration and invalidation of the extension of the international registration to the United States.

Note regarding incontestability: Section 15 Declarations for registrations issued under section 69, 15 U.S.C. section 1141i, may only be filed in accordance with the specific time requirements outlined in section 73. 15 U.S.C. section 1141m. Section 73 itself does not require a separate filing, but rather only establishes the time for filing. As such, use of the Section 15 Declaration form is appropriate to attest to the facts regarding incontestability regardless of the original basis for registration.

Note: The owner of a registered extension of protection of an international registration to the United States must renew the international registration directly with the International Bureau. Under Section 70(b) of the U.S. Trademark Act, if the international registration is not renewed, the International Bureau will notify the USPTO that the international registration has expired. The USPTO will then update its records to cancel the corresponding extension of protection to the United States as of the expiration date of the international registration.

Note on representation: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TSDR database. After submission of this form, it is not necessary to file a separate appointment using the Change of Address or Representation form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 71, the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney. For more information on who may represent registrants before the USPTO, please see TMEP sections 602 et seq.
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8. Petition to Director to Review Denial of Certification of International Application 

Use this form to file a Petition to Director specifically to review the denial of certification by the USPTO's Madrid Processing Unit of an application for international registration through the Madrid Protocol. You must specify a USPTO Reference Number/Control Number to use this form, and include as part of the submission a clear statement of the relevant facts and any evidence, if necessary, supported by a declaration, where appropriate. Please see the important information in the Petition to Review Denial of Certification of an International Application under the Madrid Protocol webpage.

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9. Petition to Director for an International Application/Registration 

Use this form to file a Petition to Director requesting (1) the USPTO forward an assignment (MM5) or security interest (MM19) to the International Bureau because you are unable to obtain the holder’s signature or (2) relief in conjunction with an international application in which the U.S. is the Office of origin (for example correction to the international application because of a USPTO or International Bureau error, withdrawal of the international application, or correction to the listing of designated countries).  You must specify a USPTO Reference Number/Control Number to use this form, and include as part of the submission a clear statement of the relevant facts and any evidence, if necessary, supported by a declaration, and a petition fee, where appropriate.  If you do not have a USPTO Reference Number/Control Number, you must use the Petition to Director form to file your petition.