When American founders discover that their USPTO trademark registration only covers the United States, the reaction is often surprise. It shouldn't be — trademark rights are territorial by nature. A mark registered in one country has no legal effect in another. The brand you've protected at home may be used freely by anyone abroad, or may already be registered there by someone else.
For businesses operating internationally — selling on Amazon globally, shipping to Canada and the EU, licensing internationally, or expanding through franchising — understanding international trademark protection is not optional. It is core IP strategy.
The Territorial Nature of Trademark Law
Each country's trademark rights exist independently. Apple's U.S. trademark on "Apple" for computers doesn't automatically extend to Germany. Toyota's Japanese trademark on "Lexus" had to be separately registered in each market where the brand operates. Even in the European Union, where a single EU trademark covers all member states, that right is separate from and independent of any U.S. registration.
This means that when a U.S. company launches internationally, they may discover that their brand name is already registered in a target market by a local company. This can force expensive rebrands, prevent market entry, or require licensing negotiations with the local mark holder. Companies like Budweiser, Burger King, and Dunkin' have all faced significant international trademark complications in specific markets.
The Madrid Protocol: One Application, Multiple Countries
The Madrid System for the International Registration of Marks is an international treaty administered by the World Intellectual Property Organization (WIPO) in Geneva. As of 2025, it has roughly 115 members covering about 130 countries — covering the vast majority of global trade markets. (A handful of significant markets remain outside it, including South Africa and Argentina, so always confirm coverage before relying on a single Madrid filing — a quick worldwide trademark search shows where your name stands.)
The Madrid Protocol allows you to file a single international application through your home country's trademark office (the USPTO, in the U.S. case) designating multiple member countries. Instead of filing separate applications in each country, translated into each local language, with each country's fees, you file once and WIPO coordinates the rest.
Requirements for Filing
To file an international application through the Madrid Protocol from the U.S., you must have:
- A pending U.S. trademark application or a registered U.S. trademark (the "basic mark")
- A U.S. domicile or establishment (U.S. citizens and companies automatically qualify)
- The international application must cover the same mark and same goods/services as the base mark (or a subset)
The international application is filed through the USPTO's online system, which transmits it to WIPO. The USPTO charges a $100 transmission fee. WIPO then charges its own fees, denominated in Swiss francs (CHF).
The Fees
Madrid Protocol fees are more complex than domestic filing fees because they combine WIPO fees with per-country "individual fees" for countries that opt out of the standard fee structure.
WIPO basic fee: 653 CHF for a mark in black and white; 903 CHF for a color mark (approximately $700–$1,000 USD at current rates).
Per-country fees: Each designated country charges either a standard "complementary fee" (100 CHF per class) or an "individual fee" set by the country itself. Individual fees vary widely — the European Union Intellectual Property Office (EUIPO), which covers all EU member states through a single designation, charges approximately €1,200 for one class. Japan, China, and the UK also charge individual fees.
A typical international filing covering the EU, UK, China, Canada, and Australia might cost $3,000–$8,000 in total government fees, before any attorney fees. This is still far cheaper than filing direct national applications in each jurisdiction.
The Central Attack Vulnerability
The Madrid Protocol's most significant risk is called "central attack." For the first five years after the international registration date, the international registration is dependent on the base mark. If the base U.S. mark is cancelled, abandoned, or successfully opposed during those five years, the entire international registration falls — every country designation fails simultaneously.
After five years, the international registration becomes independent. If the base mark fails after the five-year period, the international registration survives. Many applicants file a U.S. continuation application or take other steps to protect the base mark during this vulnerability window.
This is why a strong, clean base application is essential before filing internationally. Filing internationally on a U.S. application that's likely to face office actions or oppositions increases the central attack risk significantly.
Alternatives to the Madrid Protocol
For some markets, direct national filing may be preferable to the Madrid Protocol:
- Direct national filing: Filing directly with each country's trademark office, through a local attorney. More expensive and complex, but avoids central attack risk and may allow more flexible prosecution strategy in each market.
- EU trademark (EUTM): A single registration covers all 27 EU member states. Can be filed directly with the EUIPO or through the Madrid Protocol.
- UK trademark: Since Brexit, the UK is separate from the EU — requires a separate filing either directly or through Madrid.
- Paris Convention priority: Filing a U.S. application gives you 6 months of priority to file in any Paris Convention country (185 countries). The foreign application will be treated as if it was filed on the U.S. application date.
When to File Internationally
The ideal time to consider international filing is:
- Before launching in a new market — registering after the launch means others may have already registered your mark
- Before announcing an international expansion publicly — brand announcements can trigger opportunistic filings by trademark squatters in some jurisdictions
- When raising international investment or engaging international distributors — investors and partners expect clean IP
- When your e-commerce is already shipping globally — online commerce creates de facto international brand presence
Waiting until you're actively harmed is a common and costly mistake. Trademark squatting — where local parties register foreign brands speculatively to extract licensing fees — is a documented problem in China, Brazil, and several other jurisdictions. The cost of proactive filing is almost always lower than the cost of a dispute.
Frequently Asked Questions
How much does a Madrid Protocol application cost?
You pay a Swiss-franc basic fee (higher for marks in color), plus individual or standard designation fees per country selected — each member sets its own. For multi-country portfolios this typically runs well below the cost of separate national filings with local counsel in each market.
What is the role of my home application in a Madrid filing?
Your international registration is built on a home (basis) application or registration and depends on it for 5 years. If the basis is refused, cancelled, or narrowed during that period, the international registration follows — the 'central attack' risk that makes a solid basis registration important.
Do designated countries examine my Madrid application?
Yes — each designated office examines under its own law and can refuse protection within its 12- or 18-month window, exactly as it would a national filing. A Madrid designation refused in one country doesn't affect the others; you respond through local counsel in that country only.
Which countries can't be reached through Madrid?
Most major economies are members, but gaps remain — several Latin American and Middle Eastern markets, among others, require direct national filings. A complete international strategy typically combines a Madrid application for member countries with parallel national filings for the gaps.