International trade mark registration through the Madrid Protocol
File a single application through IP Australia to seek trade mark protection in over 130 countries. You choose the markets, the classes, and the timing. We handle the filing, WIPO correspondence, and advise you along the way. Professional fees from $2,750 (ex GST).
Prerequisite: You need an existing Australian trade mark (application or registration) to file through the Madrid Protocol. File an Australian trade mark first.
Not sure yet? Talk to an expert
“We engaged Markster to lead the international trade mark strategy for our recent brand refresh. Chris and Kate took the time to understand our business and proposed a clear, commercially focused approach to securing protection across multiple jurisdictions.”
Kevin Lee
Executive Business Analyst
M Resources
What is the Madrid Protocol?
The Madrid Protocol is an international trade mark filing framework managed by the World Intellectual Property Organization (WIPO) in Geneva. It centrally coordinates the filing of trade marks around the world, allowing you to seek protection in multiple countries through a single application.
Instead of engaging a local trade mark attorney in each country and filing separate national applications, the Madrid Protocol lets you file one application through IP Australia. WIPO then forwards your application to each country you have designated, and those countries examine it under their own laws. This saves you from the cost and administrative burden of managing separate filings in each jurisdiction.
Over 130 countries are members of the Madrid Protocol, covering nearly every major market. That includes the United States, United Kingdom, European Union, China, Japan, South Korea, India, Singapore, and New Zealand. Some jurisdictions, such as Hong Kong, are not party to the treaty and require a direct filing.
For Australian businesses expanding overseas, the Madrid Protocol is typically the most economical and administratively streamlined way to secure trade mark protection in multiple countries. Read our guide to international trade mark protection.
When to use the Madrid Protocol vs file directly
The Madrid Protocol is generally recommended when you need trade mark protection in two or more countries, or when you are planning expansion into additional markets over time. Filing through WIPO avoids the cost of engaging local lawyers in each country for the initial application, which can add up quickly.
For a single country, the economics are less clear. WIPO charges an administrative fee on every Madrid application, so the total cost for one country through Madrid may be similar to, or even higher than, filing directly. If you only need protection in one market, a direct national filing is often the better option.
Some jurisdictions are not members of the Madrid Protocol. Hong Kong is the most common example for Australian businesses. If you need protection in a non-member jurisdiction, direct filing is the only option.
We can advise on the best approach for your situation. In many cases, a combination of Madrid and direct filings is the most effective strategy. Compare the pros and cons of Madrid vs direct filing. Learn how to file an international trade mark.
How international trade mark applications work from Australia
A Madrid Protocol application follows a structured process from your Australian base mark through to registration in each designated country.
Start with an Australian trade mark
A Madrid application filed from Australia must be based on an existing Australian trade mark application or registration. The international application must match the Australian mark in terms of the mark itself, the owner, and the goods and services (or a subset of them). If you do not have an Australian trade mark yet, you will need to file one first. You can file online in minutes.
Choose your countries and classes
Select the countries where you want protection. You can designate any combination of the 130+ Madrid Protocol member countries. You also choose which classes from your Australian mark to include in the international application. Each country and class combination has its own designation fee set by WIPO.
We file with IP Australia
We prepare and file your Madrid application with IP Australia, who act as the office of origin. IP Australia checks that the application matches your base mark and then certifies and forwards it to WIPO. Certification typically takes about one week.
WIPO processes and forwards to designated countries
WIPO reviews the application for formalities, records it in the International Register, and notifies each designated country. This typically takes about two weeks from certification.
Each country examines independently
Each designated country examines the application under its own trade mark laws. Examination timelines vary significantly. Some countries, such as the European Union, may complete examination within a few months. Others, such as India or Brazil, can take 12 to 18 months. Countries have 12 to 18 months from notification to refuse the application; otherwise, protection is granted.
Registration granted country by country
As each country completes examination, protection is granted individually. You do not need to wait for all countries to finish before your mark is protected in the ones that have already accepted it. We keep you updated as each designation is confirmed.
“The Kind Coffee Co. has worked with Markster for both recommendations for domestic and international trademarks, as well as implementing a change over of brand registration. We have found them to be very thorough, easy to deal with and the added bonus of making recommendations that our previous consultant had missed for our trademarks. We highly recommend working with Markster.”
Jules Gardner
Co-Founder and Managing Director
The Kind Coffee Co
What can go wrong with international filings
International trade mark applications are not a formality. Each designated country applies its own examination standards, and what succeeds in Australia may not succeed elsewhere.
Examination objections are common. Different countries have different requirements for goods and services descriptions, and what is accepted in Australia may be refused elsewhere. Responding to an objection in a designated country typically requires engaging a local attorney in that jurisdiction, which adds cost and time.
Distinctiveness varies by jurisdiction. A mark considered distinctive in Australia may be viewed as descriptive or generic in another country. Different languages, cultural contexts, and examination practices all play a role. What works in one market is not guaranteed to work in another.
Prior marks can block registration. A conflicting trade mark on the register in a specific country can result in a refusal. There is no global clearance search that covers all Madrid Protocol members, so country-specific conflicts can emerge after filing.
Dependency on the Australian base mark. For the first five years, a Madrid registration depends on the underlying Australian trade mark. If the Australian application fails or is cancelled during that period, the international designations can be affected. Filing a Madrid application before your Australian base mark has been accepted carries this risk. We advise on the timing to manage this.
Proper preparation reduces the likelihood of issues. Read our guide on choosing where to file internationally.
Why file with Markster
Our professional fee covers all work involved in preparing and filing your Madrid application. That includes reviewing your Australian base mark, advising on country selection and class strategy, preparing the application, filing with IP Australia, and managing WIPO correspondence through to registration.
Fixed fees, not hourly rates. Many firms charge by the hour for international trade mark work. That means routine WIPO letters, confirmation notices, and status updates all cost you money. With Markster, advice along the way is included in your filing fee. You will not receive an invoice for reviewing a WIPO notification or answering your questions about the process.
The only additional cost is examination responses overseas. If a designated country raises an objection, responding usually requires engaging a local agent in that jurisdiction. We coordinate that process and provide a fee estimate before any additional work is commenced. Our professional fee covers everything else.
Experience with large international portfolios. We manage international trade mark portfolios for businesses including Megaport and M Resources. Whether you are filing in two countries or twenty, we bring the same level of rigour and attention to detail.
For complex international strategies involving multiple brands, defensive filings, or coordinated rollouts across many jurisdictions, our trade mark advisory services can help you plan and execute effectively. Once your marks are registered internationally, our monitoring services can watch the registers in those markets for conflicting applications.
How much does an international trade mark application cost?
Our pricing has two components: Markster’s professional fee and WIPO’s official fees. Both are transparent and calculated before you pay.
Professional fee
All professional fees are ex GST. For applications covering more than 10 countries, contact us for a custom quote.
WIPO official fees
WIPO fees are denominated in Swiss francs (CHF) and converted to AUD at the time of payment. We apply a 5% currency buffer to account for exchange rate fluctuations.
Use our fee calculator to see the exact cost for your countries and classes, including all WIPO designation fees.
Calculate your feesCommon questions about international trade mark registration
Answers to frequently asked questions about the Madrid Protocol and international trade mark applications.