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The Madrid System

TermPublished 2026-09-17 · Updated 2026-09-17

The Madrid System, administered by WIPO under the Madrid Agreement and the Madrid Protocol, enables trademark protection to be sought in multiple countries with one application, in one language, and with a single payment of fees.

The Madrid System is the most common option for Chinese enterprises laying out trademarks overseas. Administered by the International Bureau of the World Intellectual Property Organization (WIPO), it consolidates what would otherwise be country-by-country filings with country-by-country fee payments into one application, one working language, and a single fee payment. Understanding its treaty foundation, basic-application requirements, territorial extension mechanism, and fee structure is the premise for deciding between Madrid and single-country registration.

System Composition

The Madrid System consists of two treaties:

  • The Madrid Agreement Concerning the International Registration of Marks: concluded in 1891, the earliest framework of the system; it requires a domestic registration as the basis, sets a shorter examination period for designated countries, and admits only French as a working language;
  • The Protocol Relating to the Madrid Agreement: concluded in 1989, modernizing the Agreement by permitting a domestic application as the basis, extending the examination period for designated members, adding English and Spanish as working languages, and allowing members to charge individual fees.

At present the Protocol applies to the overwhelming majority of members, and "international registration" in practice is usually processed under the Protocol. China is a member of both the Agreement and the Protocol; Chinese enterprises may file international registration applications through CNIPA, which forwards them to the International Bureau of WIPO. At the domestic-law level, Article 21 of the Trademark Law provides that international registration of trademarks shall be handled in accordance with the relevant international treaties to which the People's Republic of China is a party, with the specific measures prescribed by the department of the State Council in charge of industry and commerce administration—providing the basis for handling international registration through the Madrid System.

Basic Application and Basic Registration

The Madrid System requires the applicant to have, in the office of origin, a basic application or basic registration for the same trademark:

  • Filings under the Madrid Agreement must be based on a domestic registration;
  • Filings under the Madrid Protocol may be based on either a domestic application or a registration—enterprises need not wait for the domestic certificate to start international layout.

The international registration depends on that basis for a certain number of years from the date of registration; invalidation of the basis may cause corresponding invalidation of the international registration—this is the central attack mechanism. The more solid the basis, the safer the international registration.

Territorial Extension

The effect of an international registration does not automatically cover all member states; protection is sought in specific members through "territorial extension":

  • Designation at filing: the members in which protection is sought are listed when the international application is submitted;
  • Subsequent designation: after international registration, new members may be designated as markets expand, with fees paid according to their rules;
  • Designation of intergovernmental organizations: designating the EU and other intergovernmental organizations achieves coverage of multiple countries with one designation.

Each designated member examines the application under its own law; where no refusal notice is issued within the prescribed period, protection is deemed to have been obtained in that member.

Fee Structure

The fees of the Madrid System usually consist of the following components:

  • Basic fee: calculated according to standards such as whether the representation is in color;
  • Complementary fee: charged for each class of goods or services beyond the prescribed number;
  • Supplementary fee or individual fee: the fee for each designated member; members that have declared individual fees charge according to their own standards, usually higher than the uniform supplementary fee.

Specific amounts change with exchange rates and rule adjustments; the official WIPO fee calculator should be used as the authoritative source, with the office-of-origin handling fee and agency fees added on top.

Applicability and Limits

For enterprises entering multiple overseas markets at once with a stable domestic basis, the Madrid System has clear advantages in cost and management efficiency; for layout in only one or two countries, or where the domestic basis is still uncertain, single-country registration may be more direct. In addition, some countries and regions have not joined the Madrid System and still require separate applications.

The practical judgment behind these concepts must be tailored to the individual case; before proceeding, you may book a registered agent via MyTMBee for targeted analysis.