There are a few different options to consider when filing an international trademark application. For Applicant’s in United States, one such option is filing an international application with the USPTO via the Madrid Protocol system. This is a good choice for those who have already filed or registered in the U.S. or for those who intend to file in U.S. in the near future.
If the applicant’s trademark is already registered in the U.S., that registration can serve as the basis for the new international application, which strengthens the application and eliminates certain risks. If the applicant’s trademark application is pending, or the applicant has not yet filed in the U.S., the Madrid Protocol system still offers the benefits of centralized filing and processing.
To be clear, trademarks are registered based on the laws or each jurisdiction and there is no one application that you can file to be trademark protected throughout the entire world. That being said, when filing a Madrid Protocol application the applicant can designate any country that’s a party to the Madrid Agreement (most of the industrialized nations minus the notable exception of Canada) and if the USPTO certifies the initial application, it is then sent to the International Bureau of the World Intellectual Property Organization (WIPO), which administers the international trademark registration program. Each foreign country designated in your international trademark application will review your application for extension of trademark protection in their jurisdiction, and if the trademark application is successful the international registration may be granted. The process usually takes about 18 Months.
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