New Rule Alert: Easier Way to Update International Trademarks in the U.S.
If you’ve registered your trademark internationally through the Madrid Protocol, there’s a new rule in the U.S. that might make things easier for you. Starting July 2, 2025, the United States Patent and Trademark Office (USPTO) will allow a partial replacement of your US trademark with your international registration. Let’s break down what that means—and why it matters.
What’s the Madrid Protocol?
The Madrid Protocol is an international system that lets you register your trademark in multiple countries with just one application. It’s a convenient way for businesses to protect their brand across borders.
For example, if you register your brand internationally and include the U.S. in your request, the USPTO treats it like a U.S. application. Once approved, you get an international registration that’s valid in the U.S. and other countries you selected.
What Is “Replacement” in Trademarks?
Let’s say you already had a U.S. trademark registration, and then later got an international registration that also covers the U.S. You can ask the USPTO to replace your old U.S. registration with your international one. This tells the USPTO, “Hey, I’ve got this covered under the international system now.”
Before, the USPTO only allowed this if all the goods or services were included in both registrations. But sometimes, only some of your goods or services match.
What’s the Big Change?
Now, the USPTO will allow partial replacements. That means if only some of your goods or services overlap, you can still replace just those parts.
Example:
You sell t-shirts, hats, and mugs. Your U.S. registration covers all three. Your international registration only covers t-shirts and mugs. Under the new rule, you can partially replace your U.S. registration—just for t-shirts and mugs—using your international registration.
Important: Partial replacement doesn’t cancel or limit your original U.S. rights. In this example, your U.S. registration still protects hats—only t-shirts and mugs are now also recognized under your international registration. It’s an administrative update, not a loss of protection.
Why Replace a U.S. Registration with an International One?
Trademark owners might choose to replace their U.S. registration with their international registration (via the Madrid Protocol) to:
- Simplify portfolio management
- Reduce long-term maintenance costs
- Keep records consistent across countries
- Update ownership or info more efficiently
- Avoid duplicate registrations
This change doesn’t reduce protection—it’s about making international trademark rights easier to manage.
What You Need to Do
To ask for a full or partial replacement, you’ll need to:
- Give the USPTO your international registration number.
- Give your old U.S. registration number.
- List the exact goods or services you want to replace.
- Pay a small fee.
If your international registration is still pending, the USPTO will wait until it’s approved before making the replacement.
Why This Matters
This new rule gives trademark owners more flexibility. It also helps the USPTO stay in line with other countries that follow the Madrid Protocol.
And here’s another plus: by clearly listing what’s being replaced, the system becomes more transparent. Everyone can see what’s covered and what’s not—reducing confusion down the road.
Need Help Understanding International Trademark Rules?
At TradeMark Express, we make sure your trademark journey—both in the U.S. and internationally—runs smoothly. From full trademark searches to application support, we help small businesses and startups avoid costly mistakes.
Got questions about the Madrid Protocol or replacements? Reach out today!