2026-11-02

International trademark registration through the Madrid Protocol

There is no single worldwide trademark. The Madrid System lets you file one application for many countries through your home office, but each country still decides, and the registration depends on your home mark for five years.

International trademark registration through the Madrid Protocol lets you seek protection in many countries with a single application, one set of fees in Swiss francs and one language (English, French or Spanish). It does not create a global mark: each designated country decides under its own law. According to WIPO, the system had 117 members covering 133 countries at the time of writing, with Saudi Arabia as the newest member, effective from 8 October 2026.

This guide is general information. Trademark strategy is a legal matter, and a licensed attorney should confirm the route and the risk for your mark and countries.

How the Madrid System works

  1. Basic mark. You need an application or registration in a member where you have nationality, domicile or a real business. That is your basic mark, and the office is your office of origin.
  2. International application. You file through that office, listing goods and services and the members you designate. The goods cannot go beyond those in the basic mark.
  3. WIPO formal check. WIPO checks formalities, records the international registration and notifies designated members.
  4. National examination. Each office examines under its own law, and may refuse protection within 12 months, or 18 months in some cases, from WIPO’s notification.
  5. Protection and management. Where protection is granted, you manage renewals and changes centrally. The registration lasts 10 years and can be renewed. You can add countries later.

The five-year dependency risk

For five years the international registration depends on your basic mark. If the basic mark is refused, withdrawn, cancelled or lapses during that time, the international registration falls to the same extent, across all countries. After five years it becomes independent. This is why a weak basic mark is dangerous: an attack at home can bring everything down. Some brands choose a strong, conflict-free home filing for exactly this reason.

Who is in, and who is not

RegionMadrid membersNot on WIPO’s list (status July 2026)
EuropeEU (as a bloc), UK and othersCheck non-EU countries individually
North AmericaUS, Canada, Mexico
Latin AmericaBrazil, Colombia, ChileArgentina, Peru, Ecuador, Bolivia, Uruguay, Paraguay, Costa Rica
GulfSaudi Arabia, UAE, Qatar, Bahrain, OmanKuwait
AsiaIndia, Japan, China (excludes Hong Kong and Macao)Check individually
Central AsiaKazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, Turkmenistan

Membership changes, so check WIPO’s current list and member profiles before filing. Note that WIPO’s list records the date each member joined, and a country cannot be designated before the treaty takes effect there.

Madrid or direct filing?

SituationOften better
Several countries, stable list of goods, strong home markMadrid
One or two countriesDirect national filing, often simpler
Home application at risk of oppositionDirect filings, or delay Madrid until home is secure
Key country not in the systemDirect filing, with Madrid for the rest
Local language or script version is importantDirect filing may allow a better fit
Need to divide or assign rights by countryAsk your attorney; Madrid limits who can hold the mark

Costs also differ, depending on your classes and countries. WIPO provides a fee calculator. Some members charge individual fees that are higher than the standard fee. Compare with quotes for national filings, including attorney fees. A refusal generally requires a local attorney to respond, so this cost is not removed by the Madrid route.

Country rules that catch people out

United States. A US registration needs use. A direct applicant can start on an intent-to-use basis and must file a Statement of Use within six months of the Notice of Allowance, extendable up to 36 months. Foreign-domiciled applicants must have a US-licensed attorney. Madrid-based US registrations must file a Declaration of Use under Section 71 between the fifth and sixth years after registration, and regularly after that. See our US page.

Mexico. The holder of a mark must declare actual and effective use within three months after the third anniversary of grant, or the registration lapses automatically. Madrid designations are covered too, and a declaration is also required at renewal.

European Union. You can designate the EU as one bloc, or file directly with EUIPO, where the basic online fee is €850 for one class. Earlier rights holders can oppose. A single conflict in one Member State can block the whole EU mark, so a conversion strategy matters.

United Kingdom. Not covered by an EU mark. File or designate it separately. WIPO notes that protection covers England, Wales, Scotland, Northern Ireland and some other territories.

Gulf. Saudi Arabia’s accession makes the Madrid route more complete for the region, but Kuwait needs its own filing. See the Gulf page.

A sensible filing plan

  1. List the countries where you will sell or manufacture over the next several years, not just the first launch.
  2. Decide the classes, including planned expansions, but do not claim goods you never intend to sell.
  3. Run searches for each main country through an attorney.
  4. File a strong home mark first. The Paris Convention generally allows priority for six months after a first filing, which your attorney can use to plan other filings.
  5. Choose Madrid, direct filings or a mix for each country.
  6. Diary all deadlines: responses to refusals, use declarations and renewals.
  7. Consider where the factory sits. In some countries a local filing gives protection against unauthorised copies at source, so your attorney should advise.

Mistakes to avoid

  • Filing in the name of a founder or an agent rather than the company that will own the brand
  • Using a descriptive word mark that fails at home, taking the whole international registration with it
  • Assuming the WIPO certificate means protection everywhere; each office has its say
  • Ignoring local use requirements

We connect trademark planning with your naming and your compliance work. Filings are made in your name through licensed attorneys, and no one can honestly guarantee the result.

Sources

Frequently asked questions

Is there a worldwide trademark?

No. The Madrid System makes filing in many countries easier, but protection is decided by each designated member under its own law. Non-member countries need their own applications.

How many countries are in the Madrid System?

WIPO reports 117 members covering 133 countries, with Saudi Arabia as the newest member at the time of writing. Check the WIPO members page for the current list before planning a filing.

What happens if my basic mark fails?

If the basic mark is refused, withdrawn, cancelled or lapses within five years of the international registration date, the international registration is cancelled to the same extent. After five years, it stands independently.

Is Argentina or Kuwait covered by Madrid?

Neither appears on WIPO’s member status list of July 2026, so they need national filings. This can change, so check the current WIPO list when you plan your filing.

Does Madrid work for the US?

Yes, the US is a member and can be designated. The mark then needs to meet US requirements, including declarations of use between the fifth and sixth years after US registration under Section 71, and later intervals. Take US advice before relying on it.

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