Recently, while preparing for our company’s international trademark registration, I spent considerable time researching the Madrid System and discovered that many people are still unclear about the application requirements. Today, I’m organizing and sharing this information with everyone.
What is Madrid International Registration
The Madrid International Registration System is an international trademark registration framework established under the Madrid Agreement and the Madrid Protocol. Through this system, applicants need only submit one application to obtain trademark protection in multiple member countries. Currently, over 130 contracting parties have joined. Compared to filing separate applications in each country, this approach saves significant time and costs.
Basic Application Requirements
To apply for international registration through the Madrid System, several fundamental conditions must be met. The applicant must be a national of a member country, have a real and effective industrial or commercial establishment in a member country, or be domiciled in a member country. The key here is establishing a substantial connection with a member country; you cannot arbitrarily choose the country of origin.
You must have already filed a trademark registration application or obtained registration in your country of origin. This is the so-called “basic trademark” requirement—international registration must be based on a prior domestic application or registration. If the basic trademark is still under examination, international registration can proceed simultaneously, but risk management is essential.
Application Materials and Fees
Document preparation requires particular attention. Here is the checklist of required materials:
| Material Type | Specific Requirements |
|---|
| Application Form | MM2 or MM3 form, must be accurately completed |
| Basic Trademark Evidence | Registration certificate or application acceptance notice |
| Trademark Image | Clear JPG format, not exceeding 8×8cm |
| Goods and Services List | Accurately listed according to Nice Classification |
| Power of Attorney | Required if using an agency such as Autonomous University of Madrid |
Regarding fees, they include basic fees and designated country fees. The basic fee is approximately 653 Swiss francs or 903 Swiss francs, and each designated country requires additional individual or supplementary fees, with specific amounts varying by country. It’s advisable to plan your budget in advance.
Examination Process and Timeline
After submission, the World Intellectual Property Organization conducts a formal examination, typically completed within 3-4 months. Once approved, it is recorded in the International Register and published in the WIPO Gazette of International Marks.
Subsequently, the intellectual property offices of each designated country conduct substantive examinations, taking anywhere from 12 to 18 months. If no refusal notice is received within the specified period, the trademark automatically receives protection. During this process, it’s crucial to closely monitor examination developments in each country and promptly address any potential refusals or oppositions that may arise during the Madrid trademark application process.
Important Considerations
Several points require special attention: First, don’t never neglect the maintenance of your basic trademark. Within the first five years, if the basic trademark is cancelled, the international registration will also be affected—this is the so-called “central attack principle.” Second, choose designated countries wisely; more isn’t always better—base your selection on actual business needs. Third, renew on time; the protection period for international registration is 10 years, so remember to complete renewal procedures before expiration.
Overall, Madrid International Registration is an efficient trademark protection pathway, but preliminary preparation work cannot be rushed. I recommend consulting professional intellectual property agencies before applying—it can help you avoid many detours.
