Overview

International trade mark protection starting from Liechtenstein

A cross-border market presence requires protection in the relevant territories. From Liechtenstein, national applications and the Madrid System are available; for the EU market, the EU trade mark may be an option. The choice depends on the target markets, earlier rights and the planned use.

Aligning territories of protection and sales planning

At the outset, it should be clear in which countries products or services are actually to be offered and which expansion is specifically foreseeable. For each relevant territory, the basis of protection and possible earlier rights must be examined. A Liechtenstein application alone does not create worldwide trade mark protection.

In addition to sales, planning should take into account local partners, licensing and the production or sourcing markets that are important for the business model. The economic importance of a territory helps to determine the order and scope of the legal examination.

Distinguishing Liechtenstein from the EU trade mark

EU law: the EU trade mark has a unitary effect within the European Union. Liechtenstein is part of the EEA, but not of the EU; an EU trade mark alone therefore does not cover Liechtenstein. For protection in Liechtenstein, the main options are national registration and an international registration with corresponding effect.1

Switzerland also requires a separate basis of protection. The recognition of use in Switzerland for a Liechtenstein trade mark under Art. 11(4) MSchG must not be confused with a territorial extension of the trade mark right.2

Using the Madrid System as a filing route

The Madrid System makes it possible to apply for protection in designated contracting parties by means of one international application. For an application via Liechtenstein, the requirements for Liechtenstein as the country of origin must be met. These include the relevant personal or economic connection and a suitable basic mark or basic application.3

WIPO keeps the international register. Whether protection exists in each designated territory also depends on its examination and refusal procedure. For Liechtenstein, Art. 43 MSchG provides that an international registration in principle has the same effect as a national application and registration; a refusal of protection limits this effect accordingly.3

Observing priority and dependence

A first application filed in due form can open a six-month priority period for further applications. To claim priority, the requirements of the respective procedure must be met. The date of the first application and the further filing steps should therefore be planned together.4

Under the Madrid Protocol, the international registration remains dependent on the basic mark for the first five years. If the basis ceases to exist in a relevant way, this can affect the international registration in whole or in part; certain proceedings initiated within this period can still have consequences later. Under the conditions of the Protocol, transformation into national or regional applications may be possible.5

Managing an international portfolio on an ongoing basis

Individual national applications can allow certain territories to be handled in a targeted way. The Madrid System simplifies joint administrative acts, but does not remove local conflicts. The decision should therefore take into account filing and follow-up costs, the robustness of the basis and possible objections.

After filing, protection status, local deadlines, renewals and use must be monitored. A centrally managed portfolio nevertheless requires documentation that is traceable by territory. In the case of later extensions, it must be examined again whether the sign and the list of goods and services still fit the current business model and which earlier rights may have been added.

Conclusion

International protection means securing individual markets in a coordinated way. A suitable filing route combines territorial priorities with a robust basic mark, timely searches and ongoing management of the individual protective effects.

Sources

  1. EU law: Art. 1(2) of Regulation (EU) 2017/1001 on the European Union trade mark, OJ L 154 of 16 June 2017, p. 1, consolidated version of 1 December 2025; for Liechtenstein, Art. 41–43 MSchG.

  2. Art. 11(4) of the Law of 12 December 1996 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act; MSchG), LGBl. 1997 No. 60, LR 232.11, version of 1 July 2026.

  3. Art. 41–43 MSchG; Art. 2–5 of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 28 June 1989, LGBl. 1998 No. 55, LR 0.232.112.4.

  4. Art. 7 and 9 MSchG.

  5. Art. 6(2)–(4) and Art. 9quinquies of the Madrid Protocol, LGBl. 1998 No. 55, LR 0.232.112.4.

Last updated: 13 September 2026

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