Madrid Protocol

The Madrid Protocol is an international treaty that allows trademark owners to seek protection for their marks in multiple countries through a single application filed with one intellectual property office, in one language, and for a single set of fees. Administered by the World Intellectual Property Organization (WIPO), it streamlines what would otherwise require separate national filings in each target country.

The United States joined the Madrid Protocol in 2003. U.S.-based applicants file through the United States Patent and Trademark Office (USPTO), which forwards the application to WIPO for processing and distribution to the designated member countries.

How the Madrid Protocol works

The process begins with a "basic mark," which is an existing trademark registration or pending application in the applicant's home country. For U.S. applicants, that base is a USPTO registration or application. The international application must match the goods and services listed in the basic mark and cannot exceed its scope.

Once submitted to the USPTO, the application is transmitted to WIPO, which conducts a formal review and issues an international registration. WIPO then notifies each designated member country, and each country's trademark office has 12 to 18 months to refuse protection under its own national laws. If no refusal is issued within that window, the mark is protected in that jurisdiction. Under the 2025 amendments to the Madrid System Regulations, offices issuing provisional refusals must now give holders at least two months to respond.

The international registration is centrally managed through WIPO's Madrid System. Renewals, ownership changes, and expansions to additional countries are handled through a single filing rather than separate national procedures.

Why the Madrid Protocol matters

For businesses operating across borders, trademark protection is jurisdiction-specific. A U.S. trademark registration does not automatically protect a brand in any other country. Without an international filing mechanism, a business would need to hire local counsel and file separately in every country where it seeks protection, which would be a costly and administratively complex process.

The Madrid Protocol reduces that burden significantly. A single international application can designate over 130 member countries, covering most of the world's major economies, together representing around 90% of global GDP. This makes international trademark protection accessible to small and mid-sized businesses that might otherwise find the cost prohibitive.

Centralized management also reduces ongoing administrative overhead. When a trademark owner changes their address, assigns the mark to a new entity, or wants to add new countries, one filing with WIPO updates the record across all designated jurisdictions.

Common uses and examples of the Madrid Protocol

The Madrid Protocol is used across a wide range of industries and business types. Common scenarios include.

• E-commerce businesses selling internationally that need brand protection.
• Startups preparing to expand that want to secure their brand name in target markets before launching operations abroad.
• Consumer product companies entering retail distribution in multiple countries simultaneously, where brand consistency and protection are critical.
• Franchisors extending their brand into foreign markets, where trademark rights must be established before licensing agreements can be enforced.

In each case, the Madrid Protocol allows the trademark owner to manage international protection from a single point of origin rather than coordinating with attorneys in each country individually.

Key characteristics of the Madrid Protocol

Several features distinguish the Madrid Protocol from filing national applications independently.

• Single application, multiple countries. One application filed with the home office can designate any combination of the 130+ member countries. In practice, over three-quarters of applications filed in 2024 were designated between one and eight member countries.
• Centralized management. Renewals, assignments, and modifications are handled through WIPO rather than each national office separately.
• Cost efficiency. International filing fees are paid to WIPO in Swiss francs, replacing the need for separate national filing fees and local legal fees in each country.
• Dependency on the basic mark. For the first five years, international registration depends on the home-country mark. If the basic mark is canceled or narrowed, the international registration is affected to the same extent, a vulnerability known as "central attack".
• National examination still applies. Each designated country examines the application under its own trademark laws. Designation does not guarantee protection, but it initiates the national review process.

Madrid Protocol vs. national trademark filings

The Madrid Protocol does not replace national trademark filings; it coordinates them. When a country refuses protection under the Madrid System, the applicant may convert that designation into a direct national application, preserving the original filing date. This is known as "transformation."

Businesses with highly targeted international strategies sometimes prefer direct national filings in specific countries, particularly where relationships with local counsel and nuanced prosecution strategies are important. The Madrid Protocol is most advantageous when seeking protection across multiple countries simultaneously, with a consistent mark and a description of goods/services.

Considerations and limitations

The dependency on the basic mark during the first five years is a meaningful risk. If a third party successfully challenges the home-country registration and the basic mark is canceled, the international registration falls with it across all designated countries at once. Applicants should ensure their home-country mark is well established before filing internationally.

Not all countries are members of the Madrid Protocol. Some commercially significant markets may require direct national filings regardless of Madrid System membership. Applicants should verify the current membership status of their target countries through WIPO's official resources.

The goods and services in the international application cannot exceed those in the basic mark. Applicants who anticipate expanding the scope of their trademark should address that in the home-country application before filing internationally.

Related terms and next steps

The Madrid Protocol connects to several broader trademark and intellectual property concepts. A dead trademark—one that has been abandoned or canceled—illustrates why maintaining the basic mark's active status is critical for international registrations that depend on it. Business name reservation is a related but distinct concept that applies at the state level and does not confer trademark rights.

For businesses building an international brand, the Madrid Protocol is one component of a broader trademark strategy that begins with securing domestic registration. LegalZoom's trademark services can help establish the U.S. registration that serves as the foundation for an international filing through the Madrid System.

FAQs about the Madrid Protocol

Is the United States a member of the Madrid Protocol?

Yes, the U.S. joined the Madrid Protocol on November 2, 2003, making U.S.-based trademark owners eligible to file international applications through the USPTO.

How many countries are covered by the Madrid Protocol?

As of publishing, WIPO currently lists 116 member offices covering 132 countries, collectively representing around 90% of global GDP. Not every commercially significant market is included, so applicants targeting specific jurisdictions should verify current membership status through WIPO's official resources before relying solely on the Madrid System.

Can a Madrid Protocol application be filed before the U.S. trademark registration is approved?

A pending USPTO application, not just an existing registration, qualifies as a valid basic mark for Madrid Protocol purposes, so applicants do not need to wait for their U.S. registration to be granted before filing internationally. The international application still cannot exceed the scope of goods and services listed in that pending application, and if the basic mark is ultimately refused or abandoned within the first five years, the international registration is at risk.

What happens if a designated country refuses protection under the Madrid Protocol?

The refusal applies only to that specific designation and does not affect protection in other designated countries; the international registration remains intact elsewhere. The applicant can respond to the refusal under that country's national trademark laws, or convert the designation into a direct national application through the transformation process, preserving the original Madrid filing date.

How does the Madrid Protocol handle renewals and ownership changes?

Both renewals and assignments are managed through a single filing with WIPO rather than separate filings in each designated country, which is one of the system's most practical administrative advantages. International registrations have a 10-year term and are renewed directly through WIPO, with the renewal extending protection across all designated jurisdictions simultaneously.

Why might a business choose direct national filings over the Madrid Protocol?

Direct national filings give applicants more flexibility to tailor the goods and services description, prosecution strategy, and legal arguments to each country's specific trademark laws and examination practices, an advantage in markets where nuanced local prosecution matters. The Madrid Protocol is most efficient when a business seeks broad, simultaneous protection across many countries with a consistent mark and a goods/services description that works in all target jurisdictions.