How Do I Apply for the Madrid Protocol?

By Alice Nichols

Are you looking to protect your trademark internationally? The Madrid Protocol is an international treaty that allows individuals and businesses to register their trademarks in multiple countries with just one application. This can save time and money compared to filing individual applications in each country.

But how do you apply for the Madrid Protocol? Here’s a step-by-step guide:

Step 1: Determine Eligibility

Before submitting an application, make sure your trademark is eligible for international registration under the Madrid Protocol. Your trademark must already be registered or pending registration with the trademark office of your home country, also known as the “office of origin.”

Additionally, your home country must be a member of the Madrid Protocol.

Step 2: File Application with Office of Origin

The next step is to file an application with the trademark office of your home country. This application will serve as the basis for your international registration.

Make sure to follow all requirements and guidelines set forth by your office of origin.

Step 3: Submit International Application

Once your application has been approved by the office of origin, you can submit an international application through the World Intellectual Property Organization (WIPO). This can be done online or by mail.

You’ll need to provide information about yourself, your trademark, and which countries you wish to register it in.

Designating Countries

When submitting an international application, you’ll need to designate which countries you want to register your trademark in. You can choose any number of countries that are members of the Madrid Protocol.

Keep in mind that each designated country may have its own requirements and fees.

Fees

There are fees associated with applying for international registration under the Madrid Protocol. These fees will depend on the number of countries you designate and other factors.

Make sure to check with WIPO for current fee schedules.

Step 4: Wait for Examination

Once your international application has been submitted, it will undergo examination by WIPO and each designated country’s trademark office. This process can take several months to a year or more.

If there are any issues or objections, you’ll be notified and given a chance to respond.

Step 5: Registration

If your trademark is approved for registration in all designated countries, you’ll receive an international registration certificate. This will provide protection for your trademark in each designated country for 10 years, after which it can be renewed.

Renewal

To renew your international registration under the Madrid Protocol, you’ll need to file a renewal application with WIPO before the expiration date. You can renew your registration every 10 years as long as your trademark remains in use and meets all requirements.

Conclusion

Applying for international registration under the Madrid Protocol can be a complex process, but it’s worth it if you want to protect your trademark in multiple countries. Make sure to follow all guidelines and requirements set forth by your office of origin and WIPO, and don’t hesitate to seek legal advice if needed.