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Madrid Protocol

The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders — individuals and businesses — to ensure protection for their marks in multiple countries through the filing of one application with a single office, in one language, with one set of fees, in one currency. Moreover, no local agent is needed to file the initial application.

While an International Registration may be issued, it remains the right of each country or contracting party designated for protection to determine whether or not protection for a mark may be granted. Once the trademark office in a designated country grants protection, the mark is protected in that country just as if that office had registered it.

The Madrid Protocol also simplifies the subsequent management of the mark, since a simple, single procedural step serves to record subsequent changes in ownership or in the name or address of the holder with World Intellectual Property Organization’s International Bureau. The International Bureau administers the Madrid System and coordinates the transmittal of requests for protection, renewals and other relevant documentation to all members.

 

Basics

 

Procedures and guides

 

Rules

 

Laws

 

Seminars

 

WIPO notices

 

Special notices

Application process updates

  • International fees option: Payment options on our Madrid Protocol TEASi international application form have been updated. You can now pay the international fee portion directly to the World Intellectual Property Organization via credit card. This delays payment of the international fee until we certify and send your application to the International Bureau. Using this option, if your application is denied certification, you won’t be charged the international fee and won’t need to wait for a refund. The USPTO certification fee is still required even if your application is denied certification.
  • Email requirements: On February 1, 2021, the International Bureau began requiring (link is external)that Madrid Protocol-filed international applications include email addresses for applicants and their representatives, if appointed. If your application doesn’t include all required email addresses, the International Bureau will issue you a notice of irregularity, which requires a response. This new requirement is intended to facilitate electronic communications and customer service during widespread postal outages like those caused by the COVID-19 pandemic. 

TEASi international application priority deadline

If you have a priority filing deadline of today and cannot file electronically, please fill out the MM2 form from the WIPO website(link is external) and then file a “Petition to Director under Trademark Rule 2.146” found on the Petition forms page using the basic application serial or registration number. Attach the MM2 form in the “File Upload” section. Request that the $100 petition fee be applied to the U.S. certification fee(s). Indicate whether you would like to be contacted to provide the international application fees, that you authorize payment to USPTO deposit account or that you will pay WIPO directly. You will be notified of any certification fee deficiency. Once the petition is filed, contact the Petitions Office at 571-272-8950 and let them know that an International Application was filed by petition. Provide the basic application serial or registration number used for filing the petition and request that processing be expedited.