When a brand is ready to cross a border, the first question is usually how to protect it there. There are two main answers. You can file directly with the trademark office of each country, or you can use the Madrid System, which lets you ask for protection in several countries through one international application.
Neither is simply better. The right choice depends on where you sell, what you already own and how you expect the portfolio to grow. Sometimes the answer is both.
What each route is
A national filing goes straight to the office of the country, such as the USPTO in the United States, UKIPO in the United Kingdom or TÜRKPATENT in Türkiye. The application is examined under that country's law and, if accepted, gives rights there.
The Madrid System is run by WIPO. An eligible owner files one international application, in one language, and names the member countries where protection is wanted. WIPO fees are paid in Swiss francs. It is not a worldwide trademark. Each named office examines the mark under its own law and can refuse it.
You need a basic mark first
Madrid starts from something you already have: a trademark application or a registration at the office of your home country, which must be a Madrid member. That is the "basic mark", and the international application is filed through that office. For a Turkish business the starting point would be a filing at TÜRKPATENT.
So Madrid is a way to extend and manage protection, not a way around having a home filing. And it does not replace examination. Each country you name decides for itself, on its own timetable.
One refusal does not sink the rest
If you name ten countries and one refuses, the other nine are not affected. The refusing country follows its own procedure, with its own deadline for you to answer. That period differs between members, and some countries want a local representative at that stage. The result can differ from country to country, and that is normal.
The five-year dependency
For its first five years, an international registration depends on the basic mark. If the basic application is refused, cancelled, withdrawn or otherwise falls away within that time, the international registration can fall with it, to the same extent. People call this a central attack. It does not happen to every registration, but it is a reason to make sure the home filing is solid before you build an international portfolio on it. A weak basic mark is a poor foundation.
Where Madrid helps
- Several countries at once. One application, one set of dates, one renewal for the international registration.
- Management. Renewals, changes of owner or address and later additions can be handled centrally.
- Growth. You can add countries later, so the portfolio can follow the business: for example the EU and the UK in year one, the United States in year two, then more markets.
Where national filing helps
- You need protection in one country, or in a few specific ones.
- One country is especially important and you want to deal with its office directly, perhaps with a local representative from the start.
- A country has particular rules on use, evidence or classification that you want to plan for.
- You want a portfolio that is independent of a Madrid registration and its five-year dependency.
For the European Union there is a third choice: a national registration in one or more member countries, an EU trade mark, or an international registration that names the EU. Which one fits depends on the markets. See regional systems.
What about cost?
It depends. Madrid has a basic fee plus fees for each class and for the countries you name, and some countries charge their own individual fees. Direct filing means a fee for each office and often a local representative as well. Madrid is not always cheaper and national filing is not always cheaper. With two countries the comparison can go either way. With ten or twenty, the paperwork saved by Madrid usually counts for more. The prices page shows the official fee for many countries so you can compare.
Compare before you choose
Look at these points:
- how many countries you actually need, now and soon
- whether you have a home filing that can be the basic mark, and how strong it is
- whether the countries you want are Madrid members
- how important each market is
- the goods and services, and whether they should differ by country
- the whole cost over the life of the mark: search, filing, replies to objections, renewal, additions
Two common mistakes
Choosing the route before searching. The first question is whether the name is free in the markets that matter. If there is a serious conflict in your main market, the question is not Madrid or national, it is whether to keep the name there. See trademark search.
Registering everywhere. A portfolio should serve the business. Protect the markets that justify the cost and add more as you grow.
An example
A Turkish company, ARVENA, sells in Türkiye and plans to enter Germany, France, the United Kingdom, the United States, Canada and the UAE over three years. It could file nationally and through the EU for some of these markets, use Madrid for others, or combine routes. The deciding points are where the money will be made, where the products will be made and sold, whether the name is free, and how the portfolio will be managed afterwards. The number of countries alone does not decide it.
Frequently asked questions
Is Madrid the same as a worldwide trademark?
No. It is a central procedure for asking for protection in many countries. Each country decides under its own law.
Do I need a trademark before I can use Madrid?
Yes. You need a basic application or registration at the office of a member country that you are connected to.
Is Madrid cheaper than filing directly?
Not automatically. It depends on the countries, the classes and the work needed.
Can I add countries later?
Yes. Countries can be added to an international registration after it has been made, with the fees that apply.
What happens if a country refuses?
The refusal applies to that country only. There is usually a period to answer, which varies from country to country.
Can I use both routes?
Yes. Many portfolios use Madrid for some markets and direct filings for others.
Planning your route
Our Madrid service starts by checking whether your home mark can serve as the base and where Madrid helps and where it does not. For a country-by-country comparison, see Countries and the prices, or write to us with your list of markets.
This article is general information and is not legal advice. Rules differ between countries and change over time; check the official source for your case.
