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The Madrid Protocol: one application, many trademarks

The Madrid System, run by WIPO in Geneva, lets you protect a mark in many countries through a single international application, in one language, with one set of fees paid in Swiss francs. It is often described as an “international trademark”. It is not one. It is a bundle of national rights, each examined by its own office, all tied to your home registration for the first five years.

How it fits together

You need a basic mark: an application or registration at your home office. You file the international application through that office, designating the members where you want protection. WIPO checks the formalities and records the registration. Each designated office then examines it under its own law and either grants protection or refuses it.

Who can use it

You can use the system if you are a national of a Madrid member, are domiciled in one, or have a real and effective business there. The member's office then becomes your office of origin. The system has more than a hundred members, including the United States, the United Kingdom, China, Japan, India, Australia and the European Union itself, which can be designated as a single member to get an EU trade mark. Membership changes, so check WIPO's current list for a specific country.

What it costs

Madrid fees are made up of several parts. The calculation is easiest with WIPO's online fee calculator, but the structure is as follows:

Madrid fee components, from the Schedule of Fees under the Common Regulations. Amounts in Swiss francs. The fees cover ten years.
ComponentAmount
Basic fee, mark in black and whiteCHF 653
Basic fee, mark with any colourCHF 903
Supplementary and complementary feesPayable per class beyond three and per designated member, where that member has not set an individual fee
Individual feesSet by each member that chooses to charge one, often comparable to its national filing fee. These usually make up most of the cost
Office of origin handling feeCharged by some home offices for forwarding the application

Applicants from least-developed countries pay a reduced basic fee. Individual fees change regularly, and WIPO publishes notices when they do. Use the calculator on the day you file rather than a figure from an article, including this one.

The five-year dependency, and central attack

This is the feature that most needs understanding before you file. For five years from the international registration date, the international registration depends on the basic mark at home. If the basic mark is refused, withdrawn, cancelled or limited during that period, the international registration is cancelled or limited to the same extent, in every designated country.

That allows what is called a central attack. A third party who succeeds in an opposition or invalidity action against your home mark can remove your protection worldwide with one action. The basic mark is often the weakest part of the structure. It may have been filed quickly, for a broad specification, in a home market where a conflict exists that you did not know about.

Transformation: the way back

If the international registration is cancelled because the basic mark failed, you can transform it into national applications in the designated members. Each national application keeps the international registration date. You must do this within three months of the cancellation being recorded, and you pay national fees again. Transformation saves your priority. It does not save you from paying twice.

Refusals happen country by country

Each designated office examines the mark under its own law and can issue a provisional refusal within a fixed period, generally 12 or 18 months depending on what that member has declared. A refusal is dealt with under that office's procedure and usually needs a local representative. A Madrid application that is accepted in eight countries and refused in two is a normal outcome, not a failure.

Pay particular attention to the specification. Some offices, notably the USPTO, require more precise descriptions of goods and services than others, and a wording accepted at home can draw objections abroad. Draft the specification with the strictest designated office in mind.

When Madrid is the better route

When direct national filings may be better

Questions

Can I file a Madrid application without a registration at home?

A pending application can serve as the basic mark. You do not have to wait for registration. If you claim priority from your home filing within six months, the designated countries treat your international filing as made on the home filing date.

Can I change the owner of an international registration?

Yes. A change of ownership can be recorded centrally at WIPO, for all or some of the designated members, provided the new owner is itself entitled to use the Madrid System. That central recording is one of the system's main conveniences.

Should I designate the EU or individual EU countries?

The same reasoning applies as for a direct EU filing. Designating the EU gives one unitary right, but an objection in any member state can block it everywhere. Designating individual member states that are also Madrid members gives you separate rights that stand or fall on their own.

Related

Published 2026-10-18 and checked against the Madrid Protocol and WIPO's Schedule of Fees. Membership and individual fees change. Use WIPO's fee calculator and member list on the day you file. General guidance, not advice on any filing strategy.