One Application or Many?
The moment a brand thinks about going international, this question appears: do you file one big international application that reaches lots of countries, or do you file separately in each country you care about? Those are the two routes — the Madrid Protocol and the national (direct) route — and the right answer depends mostly on how many markets you need and whether they're in the Madrid system.
Worth saying upfront, because people misunderstand it constantly: there is no such thing as a single "international trademark" that protects you everywhere on earth. Trademarks are national rights. Even the Madrid Protocol doesn't give you one global registration — it gives you a streamlined way to apply in many countries through one filing. Each designated country still examines your mark under its own law and can refuse it.
How the Madrid Protocol Works
The Madrid Protocol is run by WIPO (the World Intellectual Property Organization). Instead of filing in each country, you file one international application — based on a trademark application or registration you already have in your home country (your "base" mark) — and you designate the member countries where you want protection. One application, one language, one set of fees in one currency.
WIPO processes the formalities and forwards your designation to each country you named. From there, each national office examines the mark under its own rules and decides whether to grant protection in that country. So you get administrative efficiency at the front end, but the substantive decision still happens country by country.
The system currently has roughly 115 members covering about 130 countries, including most major economies. Countries that were notable holdouts have joined in recent years — for example, Brazil and Canada joined in 2019, and the UAE joined in 2021. But coverage still isn't universal: some significant markets remain outside Madrid — Argentina and South Africa among them — and for those you can only use the national route.
How the National Route Works
The national route is the direct approach: you file a separate trademark application in each country, through that country's own trademark office, usually with the help of a local trademark agent or attorney who knows the local procedure and language. Three countries means three applications, three sets of local fees, and often three local representatives.
It's more work and typically more expensive per country — but it's also more flexible. Each registration is fully independent from day one, you can tailor each filing to local requirements, and you're not tied to the fate of a home base mark.
The Trade-Offs, Head to Head
- Cost for many countries: Madrid is usually cheaper once you're covering several member countries — one base set of fees plus per-country designation fees, without a local agent in each. The national route's costs stack up fast as you add countries.
- Cost for one or two countries: The national route can be cheaper or comparable, because Madrid's base fees don't pay off until you're spreading them across several designations.
- Administration: Madrid centralizes renewals and changes (ownership, address) into one filing with WIPO. The national route means managing each registration separately.
- Coverage: Madrid only reaches member countries. For a non-member market, you must file nationally regardless.
- Flexibility: National filings are independent and locally tailored; Madrid designations are processed from one standardized application tied to your base mark.
The "central attack" catch — know this before choosing Madrid: For the first five years, your international registration is dependent on your home base application or registration. If that base mark is cancelled, withdrawn, or refused during those five years, your international registration — and the protection in every designated country — can fall with it. This is called a "central attack." After five years, the international registration becomes independent and this risk disappears. There's also a safety valve: if a central attack happens, you can often "transform" the lost designations into individual national applications, keeping your original date — but it costs more and adds work. If your home mark is shaky, that dependency is a real consideration.
How to Decide
- Count your target countries. One or two? The national route is often simpler and competitive on cost. Several? Madrid's efficiency starts to win.
- Check membership. Are your target countries Madrid members? Any that aren't, you'll have to file nationally regardless — so a non-member market may force a hybrid approach.
- Assess your base mark. Is your home registration solid, or could it be challenged in the next five years? A shaky base mark makes Madrid's central-attack dependency riskier.
- Weigh administration. If you'll be managing renewals and ownership changes across many countries for years, Madrid's centralized management is a real ongoing convenience.
The Hybrid Most Companies End Up With
In practice, larger brands rarely go purely one way. The common pattern is to use Madrid for the bulk of member-country markets — capturing the efficiency and centralized management — while filing directly in any key country that's outside Madrid, or where they want fully independent protection from the start. You're not locked into a single route; you match the tool to each market.
The mistake to avoid is treating Madrid as a magic "worldwide trademark" button. It's a powerful efficiency tool for member countries, with a five-year dependency you should understand going in — not a substitute for thinking country by country about where your brand actually needs protection.
Frequently Asked Questions
Does the Madrid Protocol give me a single worldwide trademark?
No. There's no single trademark that protects you everywhere. The Madrid Protocol lets you file one international application that designates multiple member countries, but each country still examines your mark under its own law and can grant or refuse it. It streamlines applying in many countries — it doesn't create one global registration.
When is the national route better than Madrid?
When you only need one or two countries (Madrid's base fees don't pay off until you're covering several), when a target country isn't a Madrid member, or when you want each registration to be fully independent and locally tailored from day one. For non-member markets, the national route isn't a choice — it's the only option.
What is "central attack" in the Madrid system?
For the first five years, your international registration depends on your home base mark. If that base application or registration is cancelled, withdrawn, or refused during those five years, the protection in every designated country can fall with it — a "central attack." After five years the international registration becomes independent. If a central attack does occur, lost designations can often be transformed into national applications that keep your original date, at extra cost.
How many countries are in the Madrid Protocol?
Roughly 115 members representing about 130 countries, including most major economies. Recent additions include Brazil and Canada (2019) and the UAE (2021). Some significant markets, however, remain outside the system — Argentina and South Africa among them — so for those you must file directly through the national route.