Madrid Protocol

The Madrid System, also known as the Madrid Protocol, is an important international system for registering trademarks in many countries at once. It was created through two agreements: the original Madrid Agreement Concerning the International Registration of Marks from 1891, and the Protocol Relating to the Madrid Agreement from 1989. Since 2016, the 1989 Protocol has been the main rule that governs this system.

Instead of filing separate trademark applications in each country, businesses can file one international application and pay one set of fees. This application can cover any or all of the countries that are members of the Madrid System. Each country then decides whether to grant protection for the trademark. Once a country agrees to protect the trademark, it is treated the same as if that country’s own office had registered it.

The Madrid System is managed by the International Bureau of the United Nations World Intellectual Property Organization (WIPO) in Geneva, Switzerland. As of May 2025, the system includes 115 members covering 131 countries. Together, these members make up the Madrid Union and represent more than 80% of world trade. This system helps businesses protect their brands more easily across many nations.

History and development

The Madrid System for registering trademarks internationally started with two treaties. The first, the Madrid Agreement, was created in Madrid, Spain in 1891 but did not include many important countries like the United Kingdom, the United States, and others. Because of this, it was hard for the system to work well for everyone.

Later, in 1989, the Madrid Protocol was created to fix these problems. It allowed countries to join more easily and made the system stronger. The Protocol began working on 1 April 1996. Over time, more countries joined, including the United States in 2003 and the European Union in 2004. By 2015, when Algeria joined, almost all major countries were part of the Madrid System.

Members

The Madrid System helps people register trademarks in many countries around the world. As of March 2026, there are 116 members made up from 132 countries. The Madrid Protocol has been used since 1996 and has 100 members, making it more popular than the older Madrid Agreement, which has been used for over 110 years and has 55 members.

Advantages

The Madrid System makes it easier to protect a brand in many countries at once. You can file one application in just one language and pay one set of fees in one currency. This covers over 80% of world trade. Managing these trademark protections is done centrally and digitally through the World Intellectual Property Organization (WIPO).

Disadvantages

The Madrid System has some disadvantages. If the original trademark application is changed or canceled within five years, the international registration can also be changed or canceled in the same way. For example, if "headgear" is removed from the original application, it will also be removed from the international registration.

To deal with these issues, there is a process called "transformation" where the international registration can be changed into separate applications in each country. This can be expensive but helps protect the registration date. Some countries, like China, have special rules to reduce these risks. Using the Madrid System can also become more expensive if local help is needed to solve problems.