Essential Guide to Trademarks

Through the

Madrid System

Expanding Your Brand Globally with Brealant's Expertise

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A Hassle-Free Registration Journey with Brealant

  • Contact Brealant step icon

    Contact

    Reach out to Brealant, your Madrid System filing partner, to discuss your brand and the countries you want to protect it in.

  • Trademark search step icon

    Search

    Request an international trademark search to check your basic mark and target countries before you designate.

  • Get a quote step icon

    Quote

    Receive a service quote covering WIPO fees, per-country designation fees, and our professional fees.

  • Payment step icon

    Pay

    Proceed with secure payment for the international application.

  • File application step icon

    File

    Brealant files your international application through your home Office of Origin, which certifies it and forwards it to WIPO's International Bureau.

  • Waiting period step icon

    Wait

    WIPO conducts a formalities check and issues the international registration; each designated country then examines the mark under its own law — timing varies by country, commonly 12 to 18 months.

  • Office action response step icon

    Response

    You receive confirmation of your international registration, followed by each designated country's decision — a statement of protection, or a provisional refusal if one is raised.

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Clear, Simple Steps to Protect Your Brand Internationally

The Madrid System bundles national trademark rights behind one procedural filing. You need an existing basic application or registration in your home country, you file through that home Office of Origin (never directly with WIPO), and WIPO forwards your application to every country you've designated for their own independent examination. Understanding this structure is the clearest way to plan a realistic filing strategy.

Safeguarding Your Global Brand

in

Madrid System

—

With Brealant by Your Side

Filing through the Madrid System can save significant time and cost compared to separate national filings, but it comes with a distinctive risk worth understanding upfront: for the first five years, your international registration remains legally dependent on your basic mark back home. Brealant helps you structure your filing, and keep your basic mark healthy, to get the full benefit of the system.

Limitations

What the Doesn't Change

The Madrid System is a filing mechanism, not a substitute for national law. Applicants should understand

You Need a Basic Mark

You must already have a pending application or registration in your home country or region before you can file internationally.

Central Attack Risk

For the first five years, your international registration stays legally tied to your basic mark — if the basic mark is refused, withdrawn, or cancelled during that window, the international registration is cancelled to the same extent in every designated country.

Independent National Examination

Each designated country still examines the mark under its own law and can issue a provisional refusal, regardless of how smoothly WIPO's formalities check went.

Eligibility Requirements

You must be a national of, domiciled in, or have a real business establishment in a Madrid member country to use the system at all.

Doesn't Cover Every Country

Only countries that are members of the Madrid Agreement or Protocol can be designated — a handful of major markets, and many developing economies, sit outside the system.

Brealant walks you through these realities before you file, so your global strategy is built on accurate expectations.

What a

International Registration Protects

Filing through the Madrid System gives you several concrete advantages over filing separately in each country. It provides

One Application, Many Countries

A single international application, in one language, can designate protection across all the member countries you choose.

Simplified Fee Structure

Instead of separate official fees to dozens of national offices, you pay one set of WIPO fees, denominated in Swiss francs (CHF).

Centralised Portfolio Management

Changes such as a subsequent designation, assignment, or renewal can generally be recorded once with WIPO rather than in every country.

Flexibility to Expand Later

You can add further countries to an existing international registration later, through a subsequent designation, as your business grows.

By partnering with Brealant, you get a filing strategy that uses the Madrid System's efficiencies without losing sight of its country-specific realities.

Timeline for Registration Through the

Madrid System

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The process moves through WIPO, then into each designated country's own examination. It typically involves

  • Step 1

    Filing Through the Office of Origin

    Your home IP office certifies the application and forwards it to WIPO, generally within a few weeks of filing.

  • Step 2

    WIPO Formalities Examination

    WIPO checks the application meets formal requirements and, once satisfied, records the international registration and publishes it.

  • Step 3

    National Examination Phase

    Each designated country examines the mark under its own law, generally within 12 months (Madrid Agreement countries) or up to 18 months, or longer where opposition is possible (Madrid Protocol countries).

  • Step 4

    Protection Confirmed or Refusal Issued

    If a country raises no objection within its period, protection stands; otherwise it issues a provisional refusal that must be answered locally.

Overall timing depends heavily on how many countries you designate and how each one responds — expect the national examination phase to run 12 to 18 months per country, sometimes longer.

Understanding

Costs

in

Madrid System

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Simplified with Brealant

Costs are set by WIPO in Swiss francs (CHF) and scale with the number of countries and classes you designate, so figures vary considerably case by case

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Official Filing Fees

A basic fee, plus either individual fees (set by each designated country) or standard fees, per class and per country designated — WIPO's fee calculator gives an exact figure once your countries and classes are confirmed.

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Professional fees

Brealant's fee covers preparing the application, coordinating your basic mark and Office of Origin filing, and managing correspondence with WIPO and any designated country that raises questions.

We calculate your exact WIPO fees before you commit, so there are no surprises once you've chosen your designated countries.

Brealant support specialist providing continued trademark support

Continued Global Protection

Madrid System

—

Supported by Brealant

Once your international registration is recorded, Brealant monitors your basic mark through the critical first five years, tracks each designated country's examination, and manages any provisional refusals, subsequent designations, or renewals that follow — keeping your global portfolio working as one coordinated whole.

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Frequently Asked Questions

Is the Madrid System a single worldwide trademark?

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No. It's a filing and administration mechanism — one application results in a bundle of national rights in each country you designate, each still governed by that country's own trademark law.

Do I need an existing trademark before I can use the Madrid System?

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Yes. You need a pending application or registration — your 'basic mark' — in your home country or region before you can file an international application.

What countries can I designate?

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Any country that is a member of the Madrid Agreement or Madrid Protocol, currently more than 130 territories — Brealant can confirm which of your target markets are covered.

What currency are Madrid System fees paid in?

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WIPO fees are set and paid in Swiss francs (CHF), regardless of where you or your basic mark are based.

What happens if my home trademark application is refused after I've filed internationally?

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This triggers what's known as 'central attack' — if it happens within the first five years, your international registration can be cancelled to the same extent in every designated country. See our Madrid International Registration Cancellation page for how this works and what can be done about it.

How are Madrid System fees actually structured?

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WIPO charges a basic fee plus either individual fees set by each designated country or standard complementary and supplementary fees, all payable in Swiss francs — we calculate your exact total using WIPO's fee calculator before you commit.

Can I add new countries to my international registration after filing?

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Yes, through a 'subsequent designation' — you don't need a new basic mark, and the added countries get their own examination timeline running from that later designation date.

Can I license or assign my international registration to another company?

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Yes, changes of ownership and licences can generally be recorded once with WIPO covering all or selected designated countries, though a few countries require an additional local notification for full local effect.

Do I need a local attorney in every country I designate?

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Not to file initially — your home Office of Origin forwards the application to WIPO on your behalf — but many countries do require local counsel if they later raise a provisional refusal, which Brealant coordinates for you.

What happens once a designated country grants protection?

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You receive a statement of protection (or the refusal period simply expires without objection), and your mark then carries the same enforceable rights as a national registration in that country, dated back to your international registration date.

Start Your International Application

Blogs and Resources

Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .

Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations

Managing EUIPO Trademark Disputes: Effective Strategies for Brand Protection
Managing EUIPO Trademark Disputes: Effective Strategies for Brand Protection
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Understanding the Grounds for EUIPO Trademark Cancellations and Invalidations
Understanding the Grounds for EUIPO Trademark Cancellations and Invalidations
Read More
Comparing EUIPO and National Trademark Dispute Resolution Systems
Comparing EUIPO and National Trademark Dispute Resolution Systems
Read More
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