The Madrid System is the international trademark registration system administered by the International Bureau of the World Intellectual Property Organization (WIPO). Operating under the Madrid Agreement Concerning the International Registration of Marks (1891) and the Madrid Protocol (1989), it allows applicants to obtain trademark protection in multiple member countries through a single application, in one language, with one set of fees.
System Components
- Madrid Agreement: the original framework, requiring international registrations to be based on a home registration (not merely an application), with a 12-month examination period and French as the only working language;
- Madrid Protocol: concluded in 1989, it relaxed the basis to either a home application or registration, extended the examination period to 18 months, added English and other languages, and allowed individual fees. Today the vast majority of members apply the Protocol, and what practitioners call a "Madrid registration" is almost always handled under the Protocol.
China is a member of both the Agreement and the Protocol, and Chinese enterprises can file international applications through CNIPA.
Core Workflow
- Basic application: the applicant has a trademark application or registration with the Office of origin (e.g., CNIPA);
- Filing the international application: transmitted to the WIPO International Bureau through the Office of origin, completed in English, French or Spanish, designating member countries;
- Recording by the International Bureau: after formal examination, the mark is recorded in the International Register, the international registration certificate is issued, and the mark is published in the WIPO Gazette of International Marks;
- Examination by designated countries: each designated country conducts substantive examination under its own law within 12/18 months; no provisional refusal means protection is deemed granted;
- Ongoing management: changes, assignments, renewals and subsequent designations are all handled centrally through the International Bureau.
Strengths of the System
- Cost efficiency: multi-country layouts cost significantly less than country-by-country filings;
- Unified management: one registration number, one renewal, centralized changes;
- Flexible expansion: subsequent designation lets you add countries as your markets expand.
Limitations of the System
- Central attack: for five years from the international registration date, the registration depends on the home basis; if the basis fails, the international registration fails;
- Independent examination by each country: grant is not guaranteed in every designated country; refusals require responses through local agents;
- Limited membership: some countries have not joined (e.g., certain Middle Eastern and South American countries) and still require national registration;
- The international registration certificate is not a "world trademark certificate": it is only a procedural document; substantive rights derive from each designated country's grant of protection.
Membership
The Madrid Union now has more than 130 members, covering the world's major trading nations, including the US, the EU (as a whole), the UK, Japan, Korea, Australia, Singapore and Canada. Before filing, confirm the target country's membership and applicable treaty on the WIPO website.
When to Use It
For companies planning to enter three or more member-country markets simultaneously with a stable home basic mark, the Madrid System is the first choice; for only one or two countries or an unstable basis, compare national registration options.
Applying this concept in practice requires case-specific judgment; you can book a registered agent at MyTMBee for a targeted analysis before proceeding.