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Madrid Protocol

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

The Madrid Protocol, concluded in 1989, is the treaty that modernized the Madrid System: it relaxed the home-basis requirement and extended the examination period to 18 months.

The Madrid Protocol, formally the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, was concluded in Madrid in 1989 and entered into force in 1995. It modernized the Madrid Agreement and is now the principal legal basis for Madrid international registration. China acceded to the Protocol in 1995.

Key Differences from the Madrid Agreement

  1. Relaxed basis requirement: the Agreement required a home "registration" as the basis, while the Protocol allows a home "application" as the basis — companies can start their international layout without waiting for the domestic grant;
  2. Longer examination period: the refusal period for designated countries was extended from 12 to 18 months (some countries have declared even longer), enabling strict-examination countries to join;
  3. Individual fees: Protocol members may declare "individual fees" in place of the uniform supplementary fee — the US, Japan and Korea are among them;
  4. More languages: English and Spanish were added as working languages (the Agreement had French only);
  5. Friendlier post-refusal remedies: the Protocol provides better "transformation" arrangements after central attack;
  6. Intergovernmental organizations may join: the EU (EUIPO), the African Intellectual Property Organization and others can be designated as contracting parties — the legal basis for "designating the EU under Madrid."

Why the Protocol Became Mainstream

The Protocol's flexibility attracted major economies such as the US, Japan and the EU — important markets that were absent in the Agreement era. Today, nearly all of the Madrid Union's 130-plus members apply the Protocol, and pure Agreement members are extremely rare. In practice, international applications are processed under Protocol rules by default.

What It Means for Chinese Applicants

  • You can file a Madrid application as soon as you have the Chinese filing receipt, buying time for overseas layout;
  • You can designate the EU as a whole, covering 27 countries in one designation;
  • Filing in English lowers the language barrier;
  • But note the five-year dependency period established by Article 6 of the Protocol (central attack): if the basic application is refused, the international registration falls with it.

Practical Tips

  • When designated countries include both Agreement and Protocol countries, examination periods and fee standards may differ — rely on the WIPO fee calculator;
  • Some members have made specific declarations on the 18-month period, individual fees and the like; check WIPO's table of member declarations before filing.

How these concepts apply in specific cases still involves detailed differences; you can consult a registered agent at MyTMBee for case-specific analysis.