How to File A Trademark Application through the Madrid System
In order to file an international application, you must have already registered or applied for a mark in your "home" IP Office.
This guide explains more about the process, including your eligibility to use the Madrid System, how to complete your application form, required fees, and how to track the status of your application as it moves through the examination process.
The International Trademark Registration Process
How to file your international application: Basic requirements
You may file an international application if you meet the following two requirements:
To be entitled to use the Madrid System, you must first have a connection with one of its members (known as “Contracting Parties”). This connection will determine your Office of origin (national/regional intellectual property office). You must submit your international application through this Office of origin.
To meet the entitlement requirement, you must:
- have a business (i.e., a real and effective industrial or commercial establishment) in a Contracting Party, or
- be domiciled in a Contracting Party, or
- be a national of a Contracting Party
For example, if you are a national of, or have a business in Australia, your connection will be with Australia (a member of the Madrid System) and you must file your international application through Australia’s Intellectual Property (IP) Office.
If you have a connection with several members (for example, you may be a national of Mexico living in the United States of America), you can choose any one of these members to file your international application.
2. Basic application/registration (“basic mark”)
If you have the necessary connection to a Madrid System member (as outlined above), you must have either applied for or obtained a mark with the IP Office of that member (i.e., your Office of origin). A basic mark is required before can you file an international application for your mark through the same Office (your Office of origin).
How to file your international application: Form and content
Once you have applied for or registered a domestic mark with your Office of origin (in other words, once you have obtained a “basic mark”), you can file an international application under the Madrid System. This application must be submitted to your Office of origin, which will check that it corresponds with the particulars of your basic mark, certify the international application, and then submit it to WIPO.
Completing your international application
To file an international application, Form MM2 (available in English, French and Spanish) must be used. You can complete it by using the Madrid Application Assistant – which can retrieve all required information directly from the database of your local IP Office (Office of origin) – or by downloading and manually filling in Form MM2 (1)
Madrid e-Filing is also available for international applications filed through several IP Offices. Find out more about Madrid e-Filing and participating offices.
WIPO recommends using the Madrid Application Assistant to complete international applications where online filing is not made available by the Office of origin.
Important information: as from February 1, 2021, applicants and their representatives must indicate their email address in an international application (MM2). Please, do not forget to indicate your email address.
You must submit your international application to your Office of origin. Do not send it directly to WIPO.
All international applications designating the United States of America must also include Form MM18 (Declaration of intention to use the mark).
For further detailed information consult the note for filing Form MM2 PDF, Form MM2, paragraphs B.II.01.01 to 10.02 of the Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol and Information Notice No. 23/2014 PDF, Information Notice No. 23/2014.
List of goods and services
You should classify the list of goods and services in accordance with the latest International Classification of Goods and Services (Nice Classification). For this purpose, use the Madrid Goods & Services Manager.
Tip! Using the Madrid Application Assistant will save you time. The list of goods and services of your basic mark can be directly imported from your Office of origin’s database, translated automatically and checked for classification thanks to the integration of the Madrid Goods & Services Manager.
Examination guidelines concerning the classification of goods and services PDF, Examination guidelines concerning the classification of goods and services
Note that you cannot expand or broaden the list of goods and services after you have submitted your international application, not even to cover goods and services mentioned in the basic mark. If you want to broaden your list after submitting Form MM2, you will need to file a new international application.
1. Official forms MM1 and MM3 are no longer applicable since all members of the Madrid Union are at this time also members of the Protocol. All international applications shall be filed using the MM2 International Application form