Recently, due to business expansion needs, I looked into the Madrid Protocol for international trademark registration. This system is actually quite convenient—it allows you to obtain trademark protection in multiple countries through a single application, which is much more efficient than applying to each country individually. Today, I’m sharing the process for those who might find it useful.
What is Madrid Protocol International Trademark Registration
The Madrid Protocol is an international registration system administered by the World Intellectual Property Organization (WIPO), currently comprising over 130 member countries. Through Madrid Protocol international trademark registration, you only need to submit one application to designate multiple member countries for trademark protection. This is particularly suitable for businesses or individuals planning to operate in multiple countries.
The core of the entire process relies on your existing trademark foundation in your home country. You submit an application to the International Bureau, which then forwards it to each country you’ve designated for examination.
Basic Eligibility Requirements
To apply for Madrid Protocol international trademark registration, you need to meet these conditions:
| Requirement Type | Specific Details |
|---|
| Base Trademark | Must have a registered or pending trademark in your home country |
| Applicant Qualification | Must be a national, resident, or have a real business establishment in a member country |
| Trademark Consistency | The international registration must be identical to the base trademark |
| Designated Countries | Can only designate Madrid Protocol member countries |
It’s particularly important to note regarding [Madrid trademark registration fees] that for the first 5 years, your international registration is linked to your base trademark. If the base trademark is canceled or invalidated, the international registration will also be affected. This is known as the central attack principle.
Application Documents and Process
Preparing the documents is actually straightforward. Main items include: international registration application form, copy of the base trademark registration certificate or acceptance notice, applicant’s identification documents, trademark specimen, power of attorney, etc. If the trademark is in color among Madrid Protocol member countries, you need to specify the colors.
The process generally works like this: First, submit the international registration application to your national trademark office. After review, the office forwards it to the WIPO International Bureau. The International Bureau conducts a formal examination, and upon approval, records it in the International Register and issues an international registration certificate. The International Bureau then forwards the application to each country you’ve designated, which will complete their examination within 12 to 18 months.
If a country rejects your application, it only affects protection in that country and doesn’t impact others. You can file a review or respond to objections specifically for the rejecting country.
Fee Structure
Fees consist of three main parts: basic registration fee, supplementary and additional fees for designated countries, and agency fees. The basic registration fee is fixed—653 Swiss Francs for black and white trademarks, 903 Swiss Francs for color trademarks. Each designated country has different fees, ranging from tens to hundreds of Swiss Francs. If you engage an agency, you’ll also need to pay service fees.
I used to think it was expensive, but compared to the cost of applying to each country separately, the Madrid system definitely saves considerable money and time.
Key Points for Ongoing Management
Trademark registration isn’t a one-time affair. International registrations are valid for 10 years and can be renewed before expiration, with each renewal lasting 10 years. Additionally, if trademark information changes—such as the applicant’s name or address—you need to promptly apply for change registration with the International Bureau.
Another point: international registered trademarks receive the same level of protection in each designated country as domestically registered trademarks, all protected by local laws. If you discover infringement, you can file lawsuits or complaints in the relevant countries.
The entire process takes approximately 12 to 18 months, so patience is required. For any unclear matters, you can consult professional intellectual property agencies, which will provide more specific guidance.
