The Madrid Protocol is a treaty that allows a trademark owner to register a trademark in any of its member countries by filing a single trademark application, called an “international application.” The United States is one of more than 80 countries that are members of the Madrid Protocol.
The international application simplifies the process of applying for foreign trademarks, but it does not guarantee that a particular country will agree to register your trademark. Each country has its own laws and standards regarding what types of trademarks can be registered. There is no such thing as an “international trademark” that is good everywhere.
Who Can Submit an International Trademark Application?
You can file an international trademark application through the USPTO if:
- your trademark is registered with the USPTO, or you have filed an application for registration; and
- you are a national of, or domiciled in, the United States, or you have an industrial or commercial business in the United States.
What Are the Requirements for Submitting an International Trademark Application Through the USPTO?
- You must have a trademark registration or have filed a trademark application known as a basic application.
- The international application must list the same mark and same owner as the basic application.
- The list of goods and services in the international application must be the same as or narrower than the list of goods and services in the basic application.
- You must pay U.S. certification fees when we submit the international application on your behalf. The fee is $100 per class of goods or services if the application is based on a single U.S. application or registration.
- We must identify at least one other country where you want to extend your trademark protection. The other country must be a member of the Madrid Protocol.
Each foreign country designated in your international trademark application will review your application for extension of trademark protection in their jurisdiction, and if your trademark passes examination, your international trademark registration may be granted. The process usually takes about 2 years.