You may submit Form MM4 directly to WIPO or to the holder's "home" IP Office (i.e., the Office of the holder's Contracting Party).
As of November 1, 2017 you may add a voluntary description of your mark when submitting a request for subsequent designation (item 6(e)). Note that you may only add a voluntary description (on Form MM4 or with e-Subsequent Designation) if one was not already included in your original international application or in a previously recorded subsequent designation.
Refer to refer to paragraphs B.II.32.01 to 46.01 of the Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol for more information about subsequent designation.
Subsequent designation fees
The fees for subsequent designation consist of:
- Basic fee - 300 Swiss francs (CHF); plus
- Complementary fee (100 CHF) or Individual fee (varies) for each designated Contracting Party included in the request.
To estimate your subsequent designation fees, use the Fee Calculator.
Disclaimer: Fee Calculator results are based on information you have provided and the Schedule of Fees in effect at the time the estimate is generated. The estimate is provided for information purposes only. For the most accurate estimate, consult the Fee Calculator immediately before you submit a request or your payment order.
Notifications from WIPO
WIPO will examine the subsequent designation for formalities only. If the subsequent designation complies with all formal requirements, WIPO will record it in the International Register, publish it in the WIPO Gazette of International Marks, and then notify you and the designated Contracting Parties.
If the subsequent designation does not comply with the formal requirements, you will receive an “ irregularity notice” identifying the problem (the “irregularity”), explaining how you can remedy it within the given time limit (usually three months), and indicating what will happen if the irregularity is not remedied.
Notifications concerning decisions by IP Offices
WIPO will also notify you of any decisions received from the Contracting Parties (IP Offices) you have subsequently designated – for example, a notification of a statement of grant of protection or provisional refusal.
Depending on the date of your International Registration, you may not be permitted to expand its geographical scope of protection in certain countries. This restriction will apply whether you file on paper using Form MM4 or electronically via the e-Subsequent Designation service.
In these cases, subsequent designation via the Madrid System is not an option. Instead, you may either:
- file a domestic trademark application directly in the country/region of interest; or
- file a new international application (Form MM2) designating that country/region.
If your International Registration was recorded in the International Register before the date indicated below, you will not be permitted to expand its geographical scope of protection in the following countries:
|Country||No subsequent designation for International registrations recorded before:|
|Estonia||November 18, 1998|
|India||July 8, 2013|
|Namibia||June 30, 2004|
|Philippines||July 25, 2012|
|Turkey||January 1, 1999|
For further information on subsequent designations, refer to paragraphs B.II.32.01 to 46.01 of the Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol and pages 29 to 36 of "Making the Most of the Madrid System". For further information on the e-Subsequent Designation, please refer to the Information Notice No. 13/2014.