International Trademark Law – The Madrid System

Vicenç Feliú is the Associate Dean, Professor of Law, and Director of the Intellectual Property Concentration at Nova Southeastern University Shepard Broad College of Law. He graduated from Franklin Pierce School of Law, Concord, NH, with a JD and an LLM in Intellectual Property and from the University of Washington, Seattle, WA, with an MLIS with an emphasis in Law Librarianship. He is the author of several articles on the Civil Law in Louisiana, Intellectual Property Law, and Legal Research Pedagogy. His articles are published in the Journal of Legal Education, the Louisiana Law Review, the International Journal of Legal Information, Legal Reference Services Quarterly, the Ohio Northern University Law Review, the Villanova Law Review, the John Marshall Review of Intellectual Property Law, the Rutgers Journal of Law and Public Policy, and the Northwestern Journal of Technology and Intellectual Property. Along with Professor Alain Levasseur, he is the co-author of Louis Moreau Lislet: The Man behind the Code of 1808, a book on the life and work of the writer of the Louisiana Civil Code.

1. Introduction

Registration of trademarks in multiple jurisdictions worldwide is governed by two independent treaties: the Madrid Agreement (the Agreement) and the Madrid Protocol (the Protocol). Despite its name, the Protocol is a separate treaty and not a “protocol” to the Agreement. Together, the Agreement and the Protocol are known as the Madrid System for the International Registration of Marks (the Madrid System). States Party to the Agreement and/or the Protocol and organizations party to the Protocol are referred to collectively as Contracting Parties. Together, they constitute the Madrid Union, which is a Special Union under Article 19 of the Paris Convention. The Madrid System is centrally administered by the International Bureau of the World Intellectual Property Organization (WIPO) for obtaining a bundle of trademark registrations in separate jurisdictions, thereby creating a basis for an “international registration” of marks. This guide is intended to highlight the resources and important issues encountered in using the Madrid System for the international registration of marks.

2. The Madrid Agreement

The Agreement was established in 1891 to provide a mechanism for a single, inexpensive international trademark registration and to eliminate the need to file, prosecute, or maintain separate registrations in multiple countries. Registration of a mark under the Agreement provides for the legal equivalent of registration in member countries designated by the mark owner. If the trademark office of the designated country does not communicate a refusal of registration to WIPO within twelve months (extended to eighteen months under the Protocol), the mark will have the same protection as registered national marks in that country. The Agreement also provides for a simplified renewal system, as registration renewals and changes to the original registration affecting all the countries included in the registration can be made through a single filing with WIPO.

Despite the advantages of registration under the Agreement, the U.S. and several other major countries (e.g., Australia, Denmark, Finland, Greece, Iceland, Ireland, Japan, Norway, the Republic of Korea, Sweden, and the United Kingdom) never joined the Agreement because of perceived structural defects. These perceived defects included issues such as the requirement for registration in the home country before protection of the mark could be awarded, unlimited risk of “central attack” to the mark, a short examination period, fees that are lower than the corresponding fees in the home country’s trademark offices, and limitations on assignability. See the Madrid System Members page.

3. The Madrid Protocol

The Protocol was adopted in 1989 to correct the perceived deficiencies in the Agreement. However, the Protocol maintains the Agreement’s initial intention: to create a system of simple, inexpensive international trademark registration. The Madrid System continues to expand, with 115 members as of December 31, 2024, covering 131 countries and representing more than 80% of global trade. This marks significant growth from the 106 members noted in the 2021 version of this article. Recent additions to the Madrid System include Qatar, which joined in 2024. Together, these developments demonstrate the System’s continued relevance and expansion into new jurisdictions that recognize its benefits.

4. Overlapping Membership

Any party state to the Paris Convention for the Protection of Industrial Property may become a party to the Agreement, the Protocol, or both. In addition, an intergovernmental organization may become a party to the Protocol (but not the Agreement) when at least one of the Member States of the organization is a party to the Paris Convention and the organization maintains a regional office for the purposes of registering marks with effect in the territory of the organization. The number of countries to which international registration may be extended corresponds to the national origin of the basic application or registration and may include the signatories of the Agreement, the Protocol, or both. Since the U.S. is not a signatory to the Agreement, an international registration based on an application for U.S. trademark registration would be limited to protection in those countries that are members of the Protocol. However, multinational companies that register their marks under either the Agreement or the Protocol need to be aware of the open and closed sets of member parties created by overlapping membership. To ease the possible confusion created by overlapping membership, WIPO provides form MM2 (E) for international applications under the Protocol and form MM3 (E) for those applications covered by both the Agreement and the Protocol. Other forms are available on Madrid System Forms.

4.1. Procedure for an International Application

Applications for international registration may be filed only by natural persons or legal entities within a country that is a party to the Agreement or the Protocol. The Madrid System of international registration cannot be used to protect a trademark outside the Madrid Union. An international registration can only be filed for a mark that has already been registered (or, where the international application is governed exclusively by the Protocol, if registration has been applied for) in the office of origin. An international application must designate one or more Contracting Parties in which the mark is to be protected. Applications may be amended to include further Contracting Parties after the original application for registration has been submitted.

There are three kinds of international applications:

• An international application governed exclusively by the Agreement: this means that all the designations are made under the Agreement.
• An international application governed exclusively by the Protocol: this means that all the designations are made under the Protocol.
• An international application governed by both the Agreement and the Protocol: this means that some of the designations are made under the Agreement and some under the Protocol.

An international application must be presented to the WIPO International Bureau through the Office of origin and must contain at least:

• A reproduction of the mark (which must be identical with that in the basic registration or basic application)
• A list of the goods and services for which protection is sought, classified in accordance with the International Classification of Goods and Services (Nice Classification)

Important Recent Developments in Application Requirements: Effective February 1, 2023, significant changes to the Madrid System came into effect, including enhanced provisions for filing non-traditional trademarks such as sound, motion, and multimedia marks. Applicants no longer need to provide traditional graphic representations of such marks. Additionally, as of November 1, 2025, all international trademark registration holders and their representatives must have on-record email addresses for each asset they own or manage to request changes. This requirement strengthens security and enables direct communication with WIPO on important matters affecting trademark assets.

The United States Patent and Trademark Office (USPTO) is the Office of origin for applications originating in the US. It provides electronic forms for filing applications for international registration, subsequent designations, and responses to notices of irregularity through the eMadrid system.

Applications that are governed exclusively by the Agreement must be in French; those that are governed exclusively by the Protocol or by both the Agreement and the Protocol may be in either English or French, though the Office of origin may restrict the applicant’s choice to one of these languages.

For more information, see the Madrid Agreement on WIPO page and

Part 5 of the WIPO Intellectual Property Handbook.

4.2. Fees

International applications are subject to the following fees:

• The basic fee.
• A complementary fee for each designated Contracting Party for which no individual fee is payable.
• An individual fee for any Contracting Party that is designated under the Protocol and has declared that it wishes to receive such a fee. The amounts of the individual fees are determined by the respective Contracting Parties and are published in the WIPO Gazette of International Marks; each of these Contracting Parties has the possibility, under the Common Regulations, to specify that such a fee is to be paid in two parts (the first part to be paid at the time of filing, and the second part when, and if, the Office concerned is satisfied that the mark qualifies for protection).
• A supplementary fee for each class of goods and services beyond the third class; no supplementary fee is payable, however, where all the designations are ones in which an individual fee must be paid.

In the US, an international applicant must pay fees to the USPTO and to the International Bureau. The USPTO charges a fee for certifying international applications and transmitting them to the International Bureau, known as the “certification fee.” As of 2025, the certification fee is $100.00 per class if the international application is based on a single U.S. application or registration, and $150.00 per class if the international application is based on more than one U.S. application or registration. See U.S. Patent and Trademark Office. Fee Changes Relating to the Madrid Protocol Designations. Additional fee increases for Madrid Protocol designations at the USPTO took effect on February 18, 2025. See U.S. Patent and Trademark Office. Fee Changes Relating to the Madrid Protocol Designations.

The International Bureau requires payment of fees based on whether the reproduction of the mark is in black and white and/or in color, the particular Contracting Parties designated in the international application, and the number of classes of goods and services indicated in the international application. The international application fees must be paid directly to the International Bureau in Swiss francs.

For current information, see the WIPO Schedule of Fees and Costs.

4.3. Date of Registration

The Office of origin must certify that all aspects of the mark are the same as those in the basic registration or basic application. The Office of origin must also certify the date on which it received the request to present the international application; if the International Bureau receives the application within two months of that date and no crucial elements are missing from the application, then the date of receipt by the Office of origin will be the date of international registration. If the application meets all the applicable requirements, the mark is recorded in the International Register and published in the WIPO Gazette of International Marks. The International Bureau then notifies each Contracting Party to which protection has been requested. International registration is effective for ten years and may be renewed for subsequent ten-year periods upon payment of the required fees.

Recent Change to Partial Replacement: As of July 2, 2025, trademark owners can now request partial replacement of one or more earlier national registrations with a subsequent pending or registered extension of protection under the Madrid Protocol. Previously, owners could only request full replacement.

For more information, see the Madrid Agreement on WIPO page and Part 5 of the WIPO Intellectual Property Handbook.

5. Searching for an International Mark

The WIPO provides multiple options for searching and monitoring international trademark registrations through its modernized digital environment.

eMadrid, the Madrid System’s digital platform, provides access to information on all international trademark registrations through its “Find and Monitor” feature. Users can log in with a WIPO Account to search for information by trademark name, holder name, international trademark registration number, and other criteria.

ROMARIN, a free database updated daily and accessible through the eMadrid system, remains available for searching International Marks. The database includes all international registrations that are currently in force or have expired within the past six months. It also includes data on international applications and subsequent designations received by the International Bureau but not yet recorded on the international register of marks. Users should be aware that, in cases where marks have not yet been recorded, the International Bureau has not yet decided on their international applications or subsequent designations. WIPO makes every effort to ensure that the information in the database accurately reflects the data recorded in the International Register; however, the user must also be aware that the only official publication remains the Gazette, and the only official statements by the International Bureau regarding the contents of the International Register for a given international registration remain the certified extracts from the Register established on request by the International Bureau.

Important Update – New eMadrid Platform: In August 2025, WIPO announced that the new eMadrid system became the default environment for managing international trademark registrations. This represents a significant modernization of the Madrid System’s digital infrastructure, replacing the former system and streamlining international trademark management.

To access the Madrid System’s search and monitoring features, visit the WIPO Madrid System – Find and Monitor International Trademark Registrations.

6. Print Sources

• Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol. World Intellectual Property Organization, Geneva, (2014).
• U.S. Implementation of the Madrid Protocol. North Carolina Bar Association Foundation, Cary, N.C. (2005).
• The Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement: Objectives, Main Features, Advantages. World Intellectual Property Organization, Geneva (2004).
• John T Masterson, International Trademarks and Copyrights: Enforcement and Management. Section of International Law and Practice, American Bar Association, Chicago (2004).
• Jerome Gilson & Anne Gilson Lalonde, The Madrid Protocol: Trademark Superhero? Matthew Bender, Newark, N.J. (2004).

7. Journal Articles

• Graeme B. Dinwoodie, Symposium: Negotiating IP’s Boundaries in an Evolving World: Territorial Overlaps in Trademark Law: The Evolving European Model, 92 Notre Dame L. Rev. 1669 (Spring 2017).
• Edward Lee, The Global Trademark, 35 U. Pa. J. Int’l L. 917 (Summer 2014).
• Federico González Peña, The Madrid System from a Mexican and Broader Latin American Perspective, 25-AUT Int’l L. Practicum 179 (Autumn, 2012).
• L. Donald Prutzman, Overview of the Madrid System and the United States Perspective, 25-AUT Int’l L. Practicum 173 (Autumn, 2012).
• John N. Arnone, International Mark Search Basics for the U.S. Markholder, 19 J. Contemp. Legal Issues 473 (2010).Rachelle H. Thompson, International Trademark Protection Strategy, 19 J. Contemp. Legal Issues 479 (2010).

8. Conclusion

With the United States’ accession to the Madrid Protocol in 2003, the reality of an international system of trademark registration came one step closer to fruition. The Madrid System of international trademark registration has continued to expand and evolve, with significant developments since the April 2021 update. The System now comprises 115 members across 131 countries as of December 2024. It offers businesses and individuals in both the United States and other member countries a simple, affordable, and efficient way to obtain and maintain their trademarks. Recent modernizations to the Madrid System—including the new eMadrid digital platform, enhanced provisions for non-traditional marks, new email verification requirements, and the ability to request partial replacement of national registrations—demonstrate WIPO’s commitment to streamlining international trademark administration and adapting to contemporary needs.

This article was intended to provide background knowledge on the Madrid System of International Trademark Registration and to aid researchers in finding materials, resources, and forms necessary for registration under the System. The article was not intended to be a comprehensive guide to the Madrid System. Researchers requiring further information should consult the academic texts and official publications described in this article, as well as the WIPO website for the most current information and updates.