The Madrid Protocol is one of the most consequential tools in international trademark strategy. Without it, protecting a brand in 10 countries would mean filing 10 separate applications — 10 different systems, 10 sets of fees, 10 local attorneys, and 10 independent prosecution timelines. The Madrid Protocol collapses this into a single filing with WIPO, making international brand protection accessible for brands of every size.
How the Madrid System Works
The Madrid System (comprising the Madrid Agreement and the Madrid Protocol) is administered by WIPO in Geneva. A brand owner with a "basic mark" — an existing trademark application or registration in their home country's IP office — can file an international application through that home office, designating any of the ~115 member countries (covering roughly 130 territories) they want to seek protection in.
WIPO reviews the application for formalities and forwards it to each designated country's national trademark office. Each national office then examines the application under its own national law. The national office has 12 months (or 18 months for countries that have opted for the longer period) to issue a refusal. If no refusal is issued within that period, the mark is protected in that country.
The Dependency Period: A Key Risk
One critical feature of the Madrid System is the "central attack" vulnerability. For the first 5 years after the international registration date, the international application depends on the home ("basic") mark. If the basic mark is cancelled, refused, or limited during those 5 years, the international registration is automatically affected in the same way — it "falls" to the extent the basic mark falls.
Transformation as a safeguard: If a central attack occurs during the 5-year dependency period, the applicant can "transform" the affected international registrations into direct national applications in each affected country, preserving the original filing date. Transformation must be requested within 3 months of the basic mark's cancellation. This procedural safety net is important but requires prompt action.
Fee Structure (2026)
- Basic fee: CHF 653 (for applications with no color) or CHF 903 (with color)
- Individual country fees: vary significantly by country — the U.S. charges USD 500 per class, EU (EUTM) costs €850 for one class, China is very low (~CHF 40)
- Total budget for 5–10 priority markets: typically CHF 3,000–8,000 plus home country attorney fees
Countries That Are NOT in the Madrid System
As of 2026, most major economies are Madrid Protocol members. Notable non-members include Argentina and South Africa. For these markets, direct national filings are required regardless of your Madrid strategy. Canada joined in 2019 and is now a member. Always verify current membership status at WIPO's website.
When to Use Madrid vs. Direct National Filings
Madrid Protocol is advantageous when: you are targeting 4+ countries simultaneously; your home mark is strong and unlikely to be cancelled; you want centralized portfolio management (renewals, assignments, and changes of name/address are recorded centrally with WIPO and automatically applied to all designations).
Direct national filing is sometimes preferred when: you are targeting a country with a complex examination culture (Japan, China) where local counsel expertise is critical; the designated country has a long provisional refusal period; your home mark is pending and you need to move quickly in specific markets; or the country is not a Madrid member.
Building a Filing Strategy Around Madrid
Madrid works best as the backbone of a deliberately mixed portfolio. The standard architecture: a strong home registration as the basis, a Madrid application designating the member countries where you need coverage, and parallel national filings in two categories — non-member markets, and member markets so commercially critical that you want local counsel driving prosecution from day one rather than responding only if a refusal arrives. Many sophisticated filers put China in the second category despite its Madrid membership, pairing a Madrid designation with national CNIPA filings for subclass control.
Timing strategy centers on the 5-year dependency period: filing Madrid on a freshly filed home application maximizes speed but carries central-attack exposure until the basis registers and stabilizes. Brands with contested home applications often wait for registration before going international, trading months for security. The subsequent designation mechanism then turns the registration into expandable infrastructure — new markets get added as commerce justifies, without new base filings.
Frequently Asked Questions
Can I add countries to my Madrid registration later?
Yes — this is called a "subsequent designation." At any time after your international registration, you can designate additional Madrid member countries by filing a subsequent designation through WIPO. The subsequent designation gets the date of that new filing (not the original registration date), so it does not have retrospective priority.
How long does a Madrid international registration last?
10 years from the international registration date, renewable indefinitely in 10-year periods through a single WIPO renewal covering all designated countries at once — one of the system's biggest administrative advantages.
What is central attack and how do I mitigate it?
For its first 5 years, the international registration depends on your home (basis) application: if the basis fails, the entire international registration falls. The mitigation is transformation — converting the fallen designations into national applications that keep the original date, at additional per-country cost. Choosing a solid, already-registered basis mark reduces the risk substantially.