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Understanding the Madrid Protocol at WIPO for Trademark Filing

World Intellectual Property Organization (Madrid) WIPO 🌐 Madrid Protocol
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Government fee
$650–$1,500
per class, USD
Processing time
12–18 months
filing to registration
Madrid Protocol
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designate via WIPO
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The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), provides a streamlined process for international trademark registration. For brand owners looking to expand their reach globally, utilizing the Madrid Protocol can simplify the complexities of trademark filing in multiple jurisdictions. This system allows businesses to file a single application that can cover multiple countries, making it an efficient choice for international trademark protection.

As a brand owner, understanding the intricacies of the Madrid Protocol is crucial for safeguarding your intellectual property across borders. This guide will walk you through the essential aspects of the Madrid Protocol, including costs, timelines, and the steps involved in the application process, ensuring that you are well-informed before proceeding with your trademark filing at WIPO.

What's included

  • Filing an international trademark application through WIPO
  • Designating member countries for trademark protection
  • Managing and renewing international registrations

Cost & timeline

💰 Typical cost

Filing fees for the Madrid Protocol vary based on the number of classes and designated countries.

Govt fees: $650 to $1500 USD per class, depending on the countries selected.

Professional fees: $200 to $1000, depending on the complexity of the application and services provided.

⏱ Timeline

The processing time for a Madrid Protocol application typically takes 12-18 months.

  • Initial application preparation and submission
  • Examination by WIPO for compliance
  • Publication of the application in the WIPO Gazette
  • National examination by designated countries
  • Registration and issuance of international trademark certificate

How it works

1

Determine Eligibility

Ensure that your trademark application meets the requirements of the Madrid Protocol, including having a registered or pending trademark in your home country.

2

Prepare Application

Gather necessary information including trademark details, goods/services classifications, and designated countries for protection.

3

File with WIPO

Submit your international application through the WIPO online system, ensuring all fees are paid.

4

WIPO Examination

WIPO will examine your application for compliance with the Madrid Protocol before publication.

5

National Examination

Designated countries will review your application as per their national laws, which may result in acceptance or refusal.

6

Receive Registration

Upon successful examination by all designated countries, you will receive your international trademark registration.

Key considerations

  • Understand the implications of designating multiple countries in your application.
  • Be aware of the potential for refusals based on national laws in designated countries.
  • Consider the ongoing maintenance costs associated with international registrations.

Frequently asked questions

What is the Madrid Protocol?
The Madrid Protocol is an international treaty that allows trademark owners to seek registration in multiple countries through a single application filed with WIPO.
How long does the Madrid Protocol application process take?
The standard processing time for a Madrid Protocol application is approximately 12-18 months from the date of filing to registration.
What are the costs associated with filing under the Madrid Protocol?
Government filing fees at WIPO typically range from $650 to $1500 USD per class, depending on the countries designated. Additional professional fees may apply.
Can I modify my application after filing?
Once filed, changes to the application are limited. However, you can request modifications under certain conditions, such as changing the ownership or address.
What happens if my application is refused in a designated country?
If your application is refused in a designated country, it does not affect the validity of the registration in other countries. You may appeal or modify your application as per local laws.
Is it necessary to have a local representative in each designated country?
While not always required, having a local representative can facilitate communication and compliance with local trademark laws.

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