Filing for trademark protection in multiple countries used to mean navigating separate legal systems, hiring local attorneys in every jurisdiction, and paying a small fortune in duplicated fees. The Madrid Protocol changed that. This international treaty, administered by WIPO, lets US trademark owners seek protection across 132 countries through a single application filed with the USPTO.

In 2024, US applicants filed 11,270 Madrid Protocol applications, making the United States the world's largest filer for the fourth consecutive year. But the system carries real risks that many filers underestimate, including a five-year vulnerability window that can wipe out protection in every designated country at once.

This guide covers everything a US filer needs to know: the step-by-step process, a complete fee breakdown with current 2025 rates, the central attack risk and how to mitigate it, Section 66(a) applications from the other direction, and a practical framework for deciding when Madrid is the right strategy versus filing directly in each country.

For a higher-level introduction to the treaty's history and basic mechanics, see our overview of international trademark protection and the Madrid Protocol. This article goes deeper into the practical details that matter when you are ready to file.

What the Madrid Protocol Is (and What It Is Not)

The Madrid Protocol (formally, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks) is an international treaty that lets trademark owners file a single international application and designate multiple member countries where they want protection. WIPO's International Bureau in Geneva administers the system.

Key facts as of January 2026:

116 members covering 132 countries (after Grenada's accession)
Covers more than 80 percent of world trade
The US joined on November 2, 2003
Governed by Sections 60-74 of the Lanham Act (15 U.S.C. 1141-1141n)
US applicants must file through the USPTO; they cannot file directly with WIPO

2024 filing statistics (from the WIPO Madrid Yearly Review 2025):

Country	Applications Filed	Year-over-Year Change
United States	11,270	+2.5%
Germany	6,449	—
China	5,828	+6.3%
France	4,211	—
United Kingdom	3,736	—

The system processed approximately 65,000 total international applications in 2024, a 1.2 percent increase that marks a return to growth after two consecutive years of decline. There are currently 915,034 active international registrations covering over 7.3 million designations worldwide.

What it is not: The Madrid Protocol is not a single worldwide trademark. Each designated country examines the application under its own domestic law. A refusal in Japan has no effect on your protection in Germany. The treaty provides a centralized filing mechanism; substantive examination happens country by country.

Step-by-Step Filing Process for US Applicants

Prerequisites

Before filing internationally, you must have a "basic application" (pending US trademark application) or a "basic registration" (existing US registration) at the USPTO. The international application must identify the same mark and the same owner. The goods and services must be identical to or narrower than those in the basic application or registration.

If you want to claim Paris Convention priority, you must file within six months of your US filing date.

The Six-Step Process

Step 1: File through the USPTO. US applicants must file through the USPTO using the TEAS international application form (MM2). You cannot go directly to WIPO. During this step, you designate all countries where you want protection and pay both USPTO and WIPO fees.

Step 2: USPTO certification. The USPTO reviews the application for formal correctness and verifies that the information matches your basic application or registration. Once certified, the USPTO forwards the application to WIPO.

Step 3: WIPO formal examination. WIPO checks for compliance with formal requirements: correct forms, proper Nice Classification, and complete fee payment. If there are problems, WIPO sends an irregularity notice with approximately three months to correct. Processing typically takes two to three months.

Step 4: International registration and publication. WIPO registers the mark, assigns an International Registration Number, publishes the mark in the WIPO Gazette of International Marks, issues a certificate to the holder, and notifies every designated country's IP office.

Step 5: National examination in each designated country. Each country examines the mark under its own domestic trademark law. The examination period is 12 months for Madrid Agreement countries and 18 months for Madrid Protocol countries (including the US). Three outcomes are possible for each country: tacit approval (no response within the deadline equals automatic protection), an affirmative grant of protection, or a provisional refusal with grounds for rejection that the applicant can contest under local law.

A refusal in one country does not affect protection in other designated countries.

Step 6: Protection granted. Protection in each designated country is equivalent to a national trademark registration. It is valid for 10 years from the date of international registration and renewable indefinitely.

Timeline Summary

Stage	Expected Timeframe
USPTO certification and forwarding to WIPO	2-4 weeks
WIPO formal examination and registration	2-3 months from receipt
Notification to designated countries	Immediate upon registration
National examination period	12-18 months from notification
Total filing to protection (no refusals)	Approximately 6-18 months
Total filing to protection (with office actions)	12-36 months depending on complexity

For more on what happens during the waiting period and how to interpret status codes, see our guide to trademark life cycle stages and deadlines.

Complete Fee Breakdown

Madrid Protocol costs come from three sources: USPTO fees, WIPO basic fees, and individual country designation fees. All WIPO fees are denominated in Swiss francs (CHF).

USPTO Fees (Paid in USD)

Fee Type	Amount	Notes
Certification fee	$600 per class	Effective February 18, 2025
Transmittal fee	$100 per application	One-time processing fee

For context on recent USPTO fee increases, see our guide to trademark application fees and processing times.

WIPO Basic Fees (Paid in CHF)

Fee Type	Amount (CHF)	Notes
Basic fee (black and white mark)	653	Covers initial 10-year period
Basic fee (color mark)	903	Covers initial 10-year period
Supplementary fee per class beyond 3	100	Only where individual fees do not apply
Complementary fee per designated country	100	Only where individual fees do not apply

Individual Designation Fees by Country (CHF)

Most major economies charge individual fees rather than the standard complementary fee. These fees vary significantly and represent the largest variable in your filing budget.

Country	Application Fee	Per Additional Class	Renewal Fee
United States	530/class	Flat per class	287/class
European Union (EUIPO)	789 (1st class)	48 (2nd), 144 (3rd+)	789 + 48 + 144
United Kingdom	202 (1st class)	56/additional	224 + 56/additional
China	249 (1st class)	125/additional	498 + 249/additional
Japan	266 (1st class)	250/additional	263/class
South Korea	167/class	Flat per class	191/class
Australia	232/class	Flat per class	232/class
Canada	282 (1st class)	86/additional	342 + 107/additional
India	93/class	Flat per class	93/class
Brazil	251/class	Flat per class	146/class

Cost Example: Filing in Five Countries

For a US company filing a single-class, black-and-white mark in the EU, UK, China, Japan, and Canada:

Fee Component	Amount
USPTO certification fee (1 class)	$600 USD
USPTO transmittal fee	$100 USD
WIPO basic fee (B&W)	653 CHF
EU individual fee	789 CHF
UK individual fee	202 CHF
China individual fee	249 CHF
Japan individual fee	266 CHF
Canada individual fee	282 CHF
Total WIPO fees	2,441 CHF (approximately $2,750 USD)
Total (USPTO + WIPO)	Approximately $3,450 USD

Compare that to direct national filing in all five countries, which typically runs $5,000 to $10,000 or more when you include local agent fees in each jurisdiction. Those agent fees represent 40 to 60 percent of direct filing costs and are largely eliminated under the Madrid Protocol.

WIPO provides an official fee calculator at madrid.wipo.int/feecalcapp for exact quotes.

Renewal Fees

International registrations must be renewed every 10 years. The basic renewal fee is 653 CHF, plus individual country renewal fees (see table above). There is a six-month grace period after expiration with a 50 percent surcharge (approximately 327 CHF).

The Five-Year Dependency Period and Central Attack

This is the single most important risk of the Madrid Protocol, and the concept that every filer must understand before committing to the system.

How Central Attack Works

Under Article 6 of the Madrid Protocol, an international registration is dependent on the basic application or registration for the first five years from the date of international registration. If the basic mark is cancelled, abandoned, refused, or limited during this period, the entire international registration and all designated country protections are automatically cancelled to the same extent.

This is called "central attack" because a competitor or third party can attack the single basic mark at the center and destroy protection everywhere simultaneously.

What Triggers Central Attack

Any of the following events affecting your basic US mark during the five-year dependency period will cascade to the international registration:

Basic application abandoned or refused by the USPTO
Basic registration cancelled for non-use, fraud, or other grounds
Basic registration limited in scope (goods or services narrowed)
Basic registration voluntarily surrendered
Successful opposition or cancellation proceeding at the TTAB
Failure to file a required Section 8 affidavit of use

The Transformation Safety Net

If central attack occurs, the Madrid Protocol provides a partial safety net. Under Article 9quinquies, the holder may "transform" the cancelled international registration into individual national applications in each designated country. However, this comes with strict constraints:

You must file within three months of the date the international registration is cancelled
The new national applications retain the priority date of the original international registration
Each transformation requires payment of full national filing fees in each country
You must comply with each country's domestic filing requirements
You will likely need to hire local attorneys in each country
You are essentially starting over in each jurisdiction, though you keep the original filing date

Transformation preserves your priority date but eliminates every cost advantage the Madrid Protocol provided in the first place.

Five Strategies to Mitigate Central Attack Risk

Wait for registration before filing internationally. Filing based on a registered US mark rather than a pending application significantly reduces the risk of the basic mark failing.
Clear the opposition period first. Wait until your US mark survives any opposition before filing the international application.
File directly in critical markets. For your most important two or three countries, consider direct national filings that are completely insulated from central attack.
Use a hybrid strategy. Madrid for most countries, direct filing for strategically critical jurisdictions.
Monitor the basic mark closely. Ensure all USPTO maintenance deadlines are met during the dependency period. A missed Section 8 or Section 9 filing can trigger central attack.

After the five-year dependency period expires, the international registration becomes independent. Cancellation of the US mark will no longer affect the international registration or any designated country protections.

Section 66(a): Foreign Marks Designating the United States

The Madrid Protocol works in both directions. While US filers use it to seek protection abroad, foreign trademark holders use it to extend protection into the United States. Section 66(a) of the Lanham Act governs these inbound applications.

How Section 66(a) Works

A foreign applicant files for a trademark in their home country, then files an international registration with WIPO designating the United States. WIPO transmits the request to the USPTO, which examines the application under US trademark law. If approved, the mark is published in the Official Gazette for a 30-day opposition period. If no opposition is filed, the USPTO issues a registration.

Only WIPO can transmit Section 66(a) applications to the USPTO. Foreign applicants cannot file a Section 66(a) application directly.

Section 66(a) vs. Direct US Filing

Feature	Section 66(a) via Madrid	Direct US Filing (Section 1a/1b)
Filing basis	International registration	Use in commerce (1a) or intent-to-use (1b)
US attorney required	Yes (since 2019)	Yes (if foreign applicant)
Use in commerce at filing	Not required	Required (1a) or intent (1b)
Can use Supplemental Register	No	Yes
Can add classes	No	Yes
Can reclassify goods	No	Yes
Can modify the mark	No	Yes (non-material changes)
Central attack risk	Yes (5-year dependency)	No
Maintenance filings	Section 71 (separate from WIPO renewal)	Section 8/9

The Critical Maintenance Trap

Renewing the international registration with WIPO does not maintain US protection. Separate US maintenance filings are required:

Filing	When Due	If Missed
Section 71 Declaration of Use	Between 5th and 6th year after US registration	Registration cancelled
Section 71 Renewal + Specimens	Every 10 years	Registration cancelled
Section 15 (Incontestability)	Optional, between 5th and 6th year	Loses incontestability benefit

This is the number one reason foreign Madrid Protocol registrations get cancelled in the United States. Holders assume WIPO renewal covers everything and miss the separate USPTO maintenance deadlines. For a deeper look at how US maintenance filings work, see our guide to Section 8 and Section 9 maintenance and renewal deadlines.

Madrid Protocol vs. Direct Filing: When to Use Each

Use Madrid Protocol When

Filing in three or more countries. Cost savings become significant at this threshold.
Expanding to new markets over time. Subsequent designations let you add countries later without a new application.
Your mark is strong and unlikely to face refusal. Fewer provisional refusals means fewer local attorney costs.
Your US registration is already secured. Lower central attack risk.
You want centralized portfolio management. One registration, one renewal cycle, one point of administration.

Use Direct National Filing When

Filing in only one or two countries. Direct filing may actually be cheaper.
The market is strategically critical. Insulate it from central attack entirely.
Your mark is descriptive or weak. Direct filing gives access to the Supplemental Register; Madrid does not.
Goods and services need per-country tailoring. Madrid locks you into the same description everywhere.
Your US application may face opposition. Avoid the central attack risk.
You need to modify the mark for a local market. Madrid marks are frozen as filed.

Cost Breakeven Analysis

Number of Countries	Likely Best Strategy	Approximate Savings
1 country	Direct filing	$0-500 cheaper
2 countries	Either (depends on countries)	Roughly equal
3-5 countries	Madrid Protocol	20-40% savings
6-10 countries	Madrid Protocol	40-60% savings
10+ countries	Madrid Protocol	50-70% savings

The Hybrid Strategy (Recommended)

For most US companies, the best approach combines both methods:

Direct national filings in your two or three most critical markets (for example, the EU, China, and the UK)
Madrid Protocol for all remaining markets
Subsequent designations as you expand into new territories
Wait for US registration before filing the international application to minimize central attack risk

This gives you the cost efficiency of Madrid for secondary markets while insulating your most important markets from the dependency risk.

Adding Countries Later: Subsequent Designations

One of the Madrid Protocol's most valuable features is the ability to add protection in additional member countries at any time after obtaining the international registration. File form MM4 with WIPO, pay the individual designation fees for each new country (the WIPO basic fee is not charged again), and wait for each newly designated country to examine the application.

Goods and services cannot exceed those in the international registration, and the five-year dependency period still runs from the original international registration date. In 2024, filers submitted 66,581 subsequent designations, a 3.5 percent year-over-year increase, reflecting the feature's popularity for phased international expansion.

Common Pitfalls for US Filers

Filing Mistakes

Filing before the US mark is registered. This increases central attack vulnerability during the five-year dependency window. Whenever possible, wait until registration is complete.

Overly broad goods and services descriptions. What the USPTO accepts may not fly internationally. Individual countries can reject descriptions they consider too vague, and your international application is locked to the description in your basic application.

Skipping trademark searches in target countries. US registration does not mean availability elsewhere. Prior marks in designated countries can block your registration. Before filing internationally, conduct thorough trademark searches in each target market.

Incorrect classification. The Nice Classification system is used internationally, but countries interpret classes differently. Goods classified in one class in the US may belong in a different class elsewhere.

Procedural Mistakes

Missing the six-month priority deadline. To claim Paris Convention priority from your US filing date, the international application must be filed within six months. Missing this deadline means losing priority.

Not hiring local counsel when needed. The Madrid Protocol eliminates the need for local agents at filing, but provisional refusals typically require engaging local trademark attorneys to respond.

Assuming WIPO renewal covers everything. For Section 66(a) registrations in the US, separate Section 71 declarations are required. WIPO renewal alone will not prevent cancellation.

Strategic Mistakes

Putting all protections in the Madrid basket. Not having a direct national filing in your most critical market means central attack could destroy protection everywhere.

Filing in too many countries too early. Each designation costs money. Be strategic about where you need protection now versus later. Subsequent designations let you add countries as your business actually enters those markets.

Ignoring the transformation option. If central attack occurs, you have only three months to file transformation applications. Have a contingency plan in place before you need one.

Monitoring Your Madrid Portfolio

Whether you are filing outbound through Madrid or defending against Section 66(a) applications designating the US, monitoring is essential. The five-year dependency period demands vigilance over your basic US mark. Any threat to the basic registration -- an opposition proceeding, a missed maintenance deadline, a cancellation petition -- can cascade to every country in your portfolio.

Tools like GleanMark can track the status of your US basic application or registration, alerting you to changes during the critical dependency window. GleanMark's database of 13.9 million USPTO records also makes it straightforward to identify Section 66(a) applications that may conflict with your existing US marks, and to receive same-business-day alerts when new similar marks appear in the US registry.

Conclusion

The Madrid Protocol is the most cost-effective path to international trademark protection for US filers seeking coverage in three or more countries. The centralized filing process, elimination of most local agent fees, and ability to add countries over time through subsequent designations make it an essential tool for any business expanding internationally.

But it is not without risk. The five-year dependency period and central attack vulnerability are real, and the system's inflexibility around mark modifications and goods reclassification means it is not the right choice for every situation. The smartest approach for most US companies is a hybrid strategy: direct filings in your most critical markets, Madrid for everything else, and disciplined monitoring of your basic US mark throughout the dependency period.

Before filing, conduct thorough searches in every target market, consult with trademark counsel experienced in international filings, and use the WIPO fee calculator to model your exact costs. The upfront planning will pay for itself many times over in avoided refusals, missed deadlines, and preventable central attack scenarios.

Madrid Protocol: Complete Guide for US Filers