Madrid Protocol: How to File International Trademarks from the US
If you have a US trademark and want protection in other countries, the Madrid Protocol is often the most cost-effective route. This international treaty — administered by WIPO — lets you file a single application to seek trademark protection in over 130 countries. But it comes with trade-offs you need to understand before filing.
What Is the Madrid Protocol?
The Madrid Protocol (formally the Protocol Relating to the Madrid Agreement) is an international treaty that allows trademark owners to seek registration in multiple countries through one centralized application filed with the World Intellectual Property Organization (WIPO).
Key facts:
- Administered by WIPO's International Bureau in Geneva
- 133 member countries and regions (as of 2025)
- Covers all major economies: US, EU, UK, China, Japan, India, Canada, Australia, and more
- Uses a single application, single set of fees, single renewal system
Instead of hiring local attorneys and filing separate applications in each country, you file one international application through the USPTO, designating the countries where you want protection.
How the Madrid System Works
The process follows a clear path:
Step 1: Establish a "Base" Application or Registration
You must have an existing US trademark application or registration at the USPTO. This serves as the foundation for your international filing.
Step 2: File Through the USPTO
Submit your international application through the USPTO's TEASi system. The USPTO certifies that your international application matches your base US mark.
Step 3: WIPO International Bureau
WIPO receives your application, conducts a formal examination, and publishes the mark in the WIPO Gazette of International Marks.
Step 4: Designated Countries Examine
Each country you designated conducts its own examination under its national trademark law. They have 12–18 months to refuse. If no refusal is issued, protection is granted.
Step 5: Protection Granted
Your mark is protected in each designated country, managed through a single international registration.
Costs
One of the Madrid Protocol's biggest advantages is cost efficiency — especially when filing in many countries.
| Fee Component | Amount |
|---|---|
| USPTO certification fee | $100 per application |
| WIPO basic fee (black & white) | 653 CHF (~$730 USD) |
| WIPO basic fee (color) | 903 CHF (~$1,010 USD) |
| Individual country designation fees | Varies by country |
| Complementary/supplementary fees | Varies by class count |
Sample Country Designation Fees (per class)
| Country | Individual Fee (CHF) |
|---|---|
| European Union (EUIPO) | 897 (first class), 63 (additional) |
| United Kingdom | 236 |
| China | 248 |
| Japan | ~600 |
| India | 80 |
| Australia | 462 |
| Canada | 347 |
*Updated per WIPO fee schedule 2025. Fees are in Swiss Francs (CHF). Convert at current exchange rate.*
Pro Tip: For 3+ countries, the Madrid Protocol almost always saves money compared to direct filing. For a single country, direct filing may be more cost-effective — especially if that country has low filing fees.
Madrid Protocol vs. Direct Filing
| Factor | Madrid Protocol | Direct Filing |
|---|---|---|
| Number of applications | One international application | Separate application per country |
| Local attorney required | Only if Office Action received | Yes, in most countries |
| Cost for 5+ countries | Generally lower | Generally higher |
| Cost for 1 country | May be higher | May be lower |
| Central attack risk | Yes (first 5 years) | No |
| Speed | Varies by country | Varies by country |
| Flexibility of goods/services | Limited to base application scope | Can customize per country |
| Renewal | One centralized renewal | Separate renewals per country |
| Management | Single registration at WIPO | Multiple separate registrations |
The Central Attack Risk
The biggest disadvantage of the Madrid Protocol is the central attack vulnerability during the first 5 years.
If your US base application or registration is cancelled, abandoned, or restricted within 5 years of the international registration date, your international registration (and all country designations) automatically fall.
How to Mitigate Central Attack
- File based on a registration, not just an application — Registrations are more stable than pending applications
- Maintain your US registration diligently — File all maintenance documents on time
- Transformation option — If central attack occurs, you can "transform" the international registration into individual national applications in each designated country, preserving your original filing date. You have 3 months to exercise this option.
Requirements for US Applicants
To file under the Madrid Protocol from the US:
- You must have a US base application or registration at the USPTO
- The international application must be based on the same mark — identical in appearance
- Goods and services must fall within the scope of your US base — you cannot add goods/services not covered by your US filing
- The applicant must be the same entity — the international applicant must match the US applicant
- US domicile or establishment — You must have a real and effective commercial establishment in the US
Strategic Recommendations
When to Use Madrid Protocol
- Filing in 3 or more countries
- Need centralized management of international portfolio
- Budget-conscious filings in many jurisdictions
- Countries where you don't have local counsel relationships
When to File Directly
- Filing in only 1–2 countries
- The country requires specific goods/services language that differs from your US filing
- You want to avoid central attack risk entirely
- Filing in countries that aren't Madrid Protocol members
For detailed country-specific guidance, explore our Country Guides Hub or learn about our International Trademark Filing Service.
*Ready to protect your trademark globally? Our international filing team handles Madrid Protocol applications and direct filings in 180+ countries. File Internationally →*
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