Central attack is a concept unique to the Madrid System: for five years from its registration date, an international registration remains dependent on its home basic application or basic registration, and once the basis ceases to have effect (by refusal, invalidation, cancellation or abandonment), the international registration falls in whole or in the corresponding part. The rule is set out in Article 6 of the Madrid Protocol.
The Logic of the System
A Madrid international registration is in essence an extension of protection — "a domestic right as the seed, extended to other countries" — and for the first five years the international registration is not independent. The design intent was to link the international application with examination in the country of origin, preventing applicants from bypassing domestic examination to obtain multi-country protection directly. After five years, the international registration "decouples" and becomes independent, and protection in each country is no longer affected by the home basis.
Triggering Scenarios
- The home basic application is refused and remedies are exhausted;
- The home basic registration is declared invalid (e.g., conflict with prior rights, bad-faith registration);
- The home registration is cancelled for three consecutive years of non-use;
- The applicant voluntarily withdraws or abandons the home basis;
- If the basis is partially cancelled, the international registration falls within the corresponding scope of goods.
In practice, a common line of attack against an international registration is precisely to turn around and attack its home basis — hence the term "hitting the center."
The Chain of Effects
Home basis ceases to have effect → the Office of origin notifies the WIPO International Bureau → the International Bureau cancels the international registration (in whole or in part) → all designated countries are notified and protection there is extinguished. The holder is passive throughout, so prevention matters far more than after-the-fact remedy.
The Remedy: Transformation
Within three months after an international registration is cancelled due to central attack, the holder may file national applications one by one in the formerly designated countries, claiming retention of the original international registration date and priority date. But transformation requires country-by-country fee payment and local agents; it preserves only the filing date, not the procedural convenience, and overall cost far exceeds the original Madrid filing.
Prevention Strategies
- Time the filing: file the Madrid application after the home basis passes substantive examination (preliminary approval publication), when most refusal risk has been cleared;
- Maintain the basis: use the mark properly and keep evidence to defend against non-use cancellation; actively respond to invalidation and opposition against the basis;
- Dual track in core countries: run a parallel national registration in key markets such as the US as insurance against central attack;
- Align the goods: keep the goods designated under Madrid consistent with the home basis to avoid scope disputes in partial cancellations.
Applying this concept in practice requires case-specific judgment; you can book a registered agent at MyTMBee for a targeted analysis before proceeding.