Madrid Protocol For International Trademark Registration

Expanding your brand overseas used to mean hiring local counsel in every country and filing separate trademark applications. Today, U.S. businesses can protect their marks globally using a centralized system called the Madrid Protocol. If you have a federally filed or registered trademark, you may be eligible to use this streamlined process to secure international rights in over 120 countries. Here’s how it works and why it matters.
What is the Madrid Protocol?
The Madrid Protocol is an international treaty administered by the World Intellectual Property Organization (WIPO). It allows businesses to file a single application and pay one set of fees to apply for trademark protection in multiple member countries. As of 2025, the Madrid System includes more than 115 members representing over 130 countries.
Unlike traditional filings that require working directly with each country’s trademark office, the Madrid Protocol centralizes much of the process. You file once, in English, pay in Swiss francs, and manage renewals and assignments in one place. However, each designated country will still conduct its own substantive examination.
Who Can Use It?
Only businesses that have a U.S. trademark application or registration (called a “basic mark”) can use the Madrid Protocol through the USPTO. Your business must also be based in the U.S. or have a significant commercial presence here. If you’re a company with a pending or registered federal mark, you likely qualify.
Timing matters: if you file through the Madrid Protocol too early (before the USPTO has examined your mark) you risk errors or outright refusals. Many businesses wait until receiving a first office action or achieving registration.
How the Filing Process Works
1. Prepare Your U.S. Trademark (Basic Mark)
Start with a clear, well-drafted U.S. application. The goods and services should be listed using standard language from the USPTO ID Manual. Errors here can cause downstream rejections.
2. File Through the USPTO
You submit your international application using the USPTO’s TEASi system. The USPTO certifies your application and forwards it to WIPO.
3. WIPO Formal Review
WIPO conducts a formalities check and issues corrections if needed. Once accepted, WIPO publishes your international registration and notifies each designated country.
4. National Review by Each Country
Each country’s trademark office then examines your mark under its local laws. Some may approve without comment; others may issue refusals requiring local counsel to respond.
Pros and Cons for U.S. Businesses
Benefits:
- Centralized filing and renewals
- Lower costs compared to individual applications
- Flexibility to add more countries later
Drawbacks:
- A refusal in one country doesn’t affect others, but
- Your international rights depend on your U.S. mark for 5 years (“central attack”)
- Some countries still require local attorneys to defend office actions
Fees and Strategy Tips
Costs include a USPTO certification fee and WIPO’s per-country fees, which must be paid in Swiss francs. Plan your filing carefully:
- Use TEASi’s pre-filled forms to reduce mistakes
- Consider claiming priority from your U.S. filing date if within 6 months
- Add countries later via “subsequent designation” as your business grows
How to Avoid Common Pitfalls
- Don’t rush to file internationally before your U.S. application is stable
- Monitor foreign office actions and deadlines carefully
Understand central attack risks and have a backup plan (e.g., local conversions)
Final Thoughts
The Madrid Protocol is a cost-effective way for businesses to scale their trademark protection globally. For startups and expanding Ohio companies, it can be a game changer—if used strategically. As with any legal filing, working with a trademark attorney can help avoid costly errors and increase your chances of success. If you’re considering international trademark expansion, contact Collier Legal to discuss how the Madrid Protocol can fit into your IP strategy.

About
Attorney Collier started his own law firm straight out of law school and has been practicing law in Ohio for 5+ years. During that time, Joe focused on business law and litigation, gaining some exposure to intellectual property law. While running his firm in 2021, Joe decided to go back to school and get his patent license. Since then, Attorney Collier has been focusing on protecting innovators and entrepreneurs through his expertise in intellectual property and business law.