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Madrid vs. Separate National Filings
| Aspect | Madrid Protocol (International Registration) | Separate National Filings |
|---|---|---|
| Filing | One application via Office of Origin; designate countries | Individual application in each country |
| Management | Centralized renewals, changes, and subsequent designations via WIPO | Decentralized; each office managed separately |
| Admin Overhead | Lower (single portfolio/docket) | Higher (many files, agents, deadlines) |
| Examination | Still country-by-country under local laws | Country-by-country under local laws |
| Typical Timelines | WIPO formalities 1–2 months; local decisions ~12–18 months | Varies per country; no WIPO stage |
| Cost Structure | WIPO basic + per-country fees + professional fees | Each country’s official + local agent + professional fees |
| Dependency | First 5 years depend on base mark (risk of central attack) | No dependency on a base mark |
| Scaling | Add markets later via subsequent designation | New national filings each time |
| Best For | Multi-country expansion with centralized management | Non-Madrid countries or bespoke local strategies |
Required Documents
- Basic mark: copy of the home application/registration (same mark and goods/services)
- Applicant details: name, address, nationality/establishment link
- Mark representation: word/logo (and color claim if any)
- Goods/Services: Nice-classified description matching the base mark
- Priority documents (if claiming Paris Convention priority)
- Declarations/attachments required by specific countries (e.g., intent-to-use statements)
- Power of Attorney where local counsel is needed (e.g., to handle refusals)
How the Madrid System Works (Step-by-Step)
Basic Mark & Strategy
Confirm your base application/registration (same mark & goods/services) and decide target countries/regions and classes.Prepare International Application
Compile owner details, mark representation (word/logo), Nice classification goods/services, and member designations. Some jurisdictions require extra declarations (e.g., intent-to-use).File via Office of Origin
Submit the international application through your home IP office. They certify that your IR mirrors the basic mark and forward it to WIPO.WIPO Formalities Check
WIPO checks formalities, assigns an International Registration (IR) number, records and publishes in the Gazette, and notifies each Designated Contracting Party (DCP).National/Regional Examination
Each designated office examines under its local law. They must issue approvals or provisional refusals typically within 12–18 months.Respond to Refusals (if any)
If a provisional refusal is issued, you appoint a local attorney to respond/argue/amend per that country’s rules.Protection Granted
If no refusal is maintained, protection is confirmed in that country—all under the umbrella of your single IR.Manage Centrally
Renew your IR every 10 years, record changes of name/address/ownership, limit goods/services, or subsequently designate new markets—all via WIPO.