Although there is no global trademark that applies to all nations, various international agreements allow for the filing of a single application to register a mark in more than one country. The Madrid System is one of the most widely used agreements.
The Madrid System allows businesses to obtain trademark protection in a wide range of countries at the same time, resulting in International Registration. The Madrid Agreement (Agreement) and the Madrid Protocol are two different international treaties that regulate the system (Protocol). Nationals of any signatory may get protection for their trademark registered in their country of origin in all other states that are parties to the Agreement under the Agreement. Nationals of any signatory may get protection in countries and jurisdictions that are signatories to the Protocol based on a pending application or registration in the country or jurisdiction of origin. The Madrid System currently covers 128 nations.
Why should you register an international trademark?
One of the most challenging difficulties for business owners when expanding overseas is “brand squatting,” which occurs when someone else registers a brand owner’s trademark earlier in another country in order to subsequently sell it for profit or exploit the brand’s success. More information on this topic may be found in our article Trademark Squatting: What It Is, Why It Happens, and How to Prevent It. The best method to protect your brand is to file trademark registrations overseas as soon as possible, especially in countries where you expect to offer a product or service in the near future. A registered trademark holder has the legal right to protect their brand in any nation where registration is required.
The World Intellectual Property Organization’s (WIPO) Madrid System for the International Registration of Trademarks makes it easier for brand owners to obtain trademark protection in various countries.
Countries with the Highest Number of International Trademark Applications
According to the most recent WIPO intellectual property data for the year 2021, the following nations have the largest number of international trademark applications:
- US (13,276)
- Germany (8,799)
- China (5,272)
- France (4,888)
- U.K. (4,215)
- Switzerland (3,832)
- Japan (3,255)
- Italy (3,173)
- Australia (2,583)
- Turkey (2,073)
International Trademark Registration Procedure
The procedure of filing an international trademark application under WIPO’s Madrid System includes four fundamental steps:
- Submit the application to the office. The Office examines the international application and transmits it to the World Intellectual Property Organization.
- Formal examination WIPO verifies that your international trademark application meets all of the formal requirements (sufficient contact details, designation of at least one Madrid System member, quality of images, payment of fees, etc.)
- Publication in the International Trademark Gazette
WIPO registers your trademark in the International Register, publishes it in the Gazette of International Trademarks, provides a Certificate of Registration as proof of compliance with WIPO’s formal criteria, and notifies the designated members.
Each designated member’s office conducts a substantive examination. Each Office must grant or deny protection within a specific time frame – 12 months, or in some circumstances 18 months, from the day we notified the Office of its designation.
While the Madrid System allows applicants to register trademark rights in several countries at a reasonable cost, it does not eliminate challenges that may emerge along the process. As a result, many businesses may prefer to file directly with a trademark law firm that offers worldwide representation at local intellectual property agencies.
You can find the list of global IP Firms here.