The Madrid Protocol is an international treaty that lets trademark owners apply for protection in multiple countries by filing one application through the World Intellectual Property Organization (WIPO). Instead of filing separate applications in each country, businesses can extend an existing U.S. trademark application or registration to over 130 member countries using a single, centralized process.
The Madrid Protocol requires a “basic application” or “basic registration” with the trademark office in your home country.
For U.S. businesses, this means having a pending application or registration with the United States Patent and Trademark Office (USPTO) first, which makes the USPTO your office of origin.
From there, the trademark owner files an international application through WIPO, selecting which member countries to designate for protection. Each designated country’s trademark office then reviews the application under its own laws and can approve or refuse protection independently.
The Madrid Protocol works well for businesses expanding into multiple international markets, since it reduces paperwork and centralizes renewal deadlines and ownership updates into one system.
It’s less practical for businesses targeting only one or two foreign countries, where filing directly in those countries may be simpler and, in some cases, more cost-effective.
An international registration under the Madrid Protocol depends on its “basic” U.S. application or registration for the first five years after the international registration date.
If that basic application or registration is restricted, abandoned, cancelled, or expired during that period, the international registration is reduced or cancelled to the same extent, in every designated country. This is known as a “central attack.”
If a central attack does occur, the affected international registration can, in some cases, be converted into individual national applications within a limited window, though this process involves separate filings and fees in each country.
Because of these risks and other country-specific requirements, businesses often work through the Madrid Protocol only after their basic U.S. filing is well-established.
Does the Madrid Protocol create one global trademark? No. It creates a bundle of individual national registrations managed through a single application, but each country still applies its own laws and can refuse protection.
How long does Madrid Protocol registration take? Timelines vary by country, but most designated trademark offices have 12 to 18 months to review and either approve or refuse the application.
Can I add more countries later? Yes. Trademark owners can file a subsequent designation to add new countries to an existing international registration.
Is the Madrid Protocol only for large companies? No. Small businesses and startups planning to sell products or services internationally can use it too, though the upfront strategy benefits from professional guidance.
If you’re considering international trademark registration, a comprehensive trademark search is the right first step. We can discuss and tailor a package specific to your international needs.
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