Madrid System: Filing International Trademark Applications – The Process

There are three basic steps in the process of filing an application for an international trademark registration through WIPO’s Madrid System:

1. Prepare and submit (Office or Origin) your application for an international trademark application. Refer to 'How to file.
   
   

   Reminder! You must already have – or have applied for – a national or regional trademark registration (known as a “basic mark”) through your IP Office (“Office of Origin”).

   Your Office of origin will check that your international application corresponds to the particulars of your basic mark, certify the application and send it to us.

2. Formal examination (WIPO). We check that your international trademark application complies with all formal requirements (sufficient contact details, designation of at least one Madrid System Member, quality of images, payment of fees, etc.).
   
   
   • If it does not comply, we will send you and your Office of Origin an ‘irregularity notice’ explaining how to correct the issue within a given time limit (typically three months). Sample irregularity notice .
     
     

   Tip! You can upload your responses to any irregularity letters directly through eMadrid!

   • If or once it does comply, we register your mark in the International Register, publish it in the WIPO Gazette of International Marks, send you a Certificate of Registration – acknowledgement of compliance with WIPO’s formal requirements – and notify the Members where you seek protection. Sample certificate of registration .
     
     
3. Substantive examination (Member IP Offices). The IP Office of each designated Madrid System Member performs substantive examination. Each Office must grant or refuse protection within a given time limit – 12, or in some cases 18 months from the date on which we notified the Office of its designation. They will send their decisions to us; we will notify you and update the International Register accordingly.
   
   

   Reminder! The domestic laws of each designated Madrid System Member the scope of protection of your international trademark registration.

Possible outcomes of substantive examination by IP Offices

1. You receive no news within the 12 or 18-month limit. Protection is granted (tacit).
   
   
2. You receive a statement of grant of protection. If an Office finds no grounds for refusal, it must issue a statement of grant of protection of your mark. Sample Statement of Grant of Protection
   • If you designated Cuba or Japan, you will receive a request to pay the second part of the individual fee at this stage. Sample Request for Second Part of Fee
3. You receive a notification of provisional refusal. If an Office finds grounds for refusing protection of your mark (entirely or partially), it must send a provisional refusal notification to WIPO. We will forward it to you. The notification will include the reasons for the refusal, any further steps that are required (including the time limit to respond), review or appeal options, and whether or not you must appoint a local agent to assist you. Sample Notification of Provisional Refusal
   
   
   You can appeal against a provisional refusal at the domestic level.

Possible decisions after a provisional refusal

• Positive outcome – the Office grants protection of your mark for all or some of the goods and services listed in your international trademark registration. Sample Statement of Grant of Protection following a provisional refusal
  
  
• Negative outcome – the Office confirms a total provisional refusal of your mark. Sample Confirmation of Total Provisional Refusal

The international trademark registration process at a glance

Find out more

• Video: The international application step-by-step (webinar recording)
• Guide to the Madrid System – Understand substantive requirements, how to deal with 'irregularities', the effects of an international registration, responding to refusals issued by trademark offices, and more (page 44)