International Trademark Application

The Madrid Protocol System allows the owner of a trademark application or registration to seek protection of its mark in participating countries by filing a single international application.  For a list of participating countries, see Members of the Madrid Union.

The owner of a US trademark application or registration may seek protection of its mark in participating countries by filing an international application and filing fee through the USPTO.  The application may be filed electronically using the USPTO Application for International Registration.  To calculate the filing fee for the international application, see the Madrid System Fee Calculator and the Madrid Protocol Country Codes to aid in completing the calculator.

The USPTO will certify the application (i.e., certify that its data corresponds to the data contained in the US application or registration) and then forward the application to the International Bureau (IB).  If all of the filing requirements are met, the IB registers the mark, publishes the registration, and sends a certificate to the holder.

When the mark is registered, the IB notifies each designated country of the request for an extension of protection.  Each country examines the request under its own laws and has the right to refuse protection in its territory.  The holder directly responds to any country refusing the registration.

A registered extension of protection to the United States will be cancelled unless the holder of the international registration periodically files declarations of continued use in commerce or excusable nonuse.  See Post Registration Timeline for Madrid Protocol-Based Registrations.

statement of use or Section 8 Declaration must be filed five years after the USPTO registration is obtained.  The declaration must be filed with a filing fee and specimens of use.  See the description of the Section 8 Declaration in the Trademark Renewals page.

The Section 8 Declaration may be filed within a six-month grace period after the 10th year with the payment of an additional fee. 

Failure to file the Section 8 Declaration will result in the cancellation of the US registration and invalidation of the extension of protection of the international registration. 

In addition, the international registration must also be renewed with the International Bureau every 10 years from the date of the international registration.  Failure to file this renewal will result in the cancellation of the international registration. 

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