International trade mark extension through the Madrid System

The international application is filed through the office of origin, which certifies its connection with the basic application or registration and forwards it to WIPO. The International Register centralises filing, renewal and certain changes to ownership or designations.

Effective protection remains territorial. The office in each designated country analyses grounds for refusal and may issue a provisional refusal. The response follows local rules and may require a representative in that jurisdiction.

Designating every possible market can be inefficient. The strategy should follow sales, production, distribution, licensing, counterfeiting and the medium-term expansion plan.

• Market: countries where products are already sold or a launch is budgeted.
• Production: jurisdictions where goods are manufactured, packaged or exported.
• Earlier rights: separate searches for each important territory.
• Fees: the basic fee, classes and individual fees of designated countries.
• Representation: possible local costs if a refusal or opposition arises.

For the first five years, the international registration depends on the basic application or registration. If the basic rights are restricted, withdrawn, refused or cancelled during that period, international protection may be correspondingly affected.

This dependence warrants careful review of the application of origin and a coherent list of goods. Transformation into national applications may be available as a rescue mechanism, but involves additional deadlines and costs.

The portfolio must align with local use, renewal requirements and changes in ownership. An unrecorded reorganisation or outdated address can complicate notifications and enforcement of rights.

Subsequent designations allow markets to be added, but do not replace clearance searches. Monitoring local databases and retaining evidence of use remain essential.