The Madrid Agreement Licenses
π 2026 Update: Changes in the Madrid Agreement Licenses
Since the original article was published, several key updates have occurred regarding the Madrid Agreement and trademark filings. These changes affect how U.S. businesses can register their trademarks internationally. The earlier article continues further down the page.
π Madrid e-Filing System Transition
Starting October 1, 2026, the U.S. Patent and Trademark Office (USPTO) shifted international trademark filings to the Madrid e-Filing system. This change aims to simplify the process for applicants.
A WIPO account is now necessary to use this system.
π° Updated Fees and Costs
As of now, the basic fee for a black and white trademark application is 653 Swiss francs (CHF). If your mark is in color, the fee increases to 903 CHF. Additional costs apply for designated countries and extra classes of goods and services.
β° Processing Times
The average time for the first examining action on new trademark applications is currently 4.3 months. After that, it takes about 10.4 months for registration or abandonment decisions. The Madrid e-Filing system is expected to improve processing times.
βοΈ Eligibility Rules
To qualify for the Madrid System, applicants must be from a member country or have a significant business presence there. They also need an existing national application or registration as a basis for their international application.
π Key Points Summary
- π Transition to Madrid e-Filing system as of October 1, 2026.
- π΅ Updated fees for applications, including basic and additional costs.
- β³ Average processing times are 4.3 months for the first action and 10.4 months for final decisions.
- π Eligibility requires a national application or registration in a member country.
π‘ Tips for Navigating the Madrid Agreement
Before starting your trademark application, it's important to discuss your situation with an attorney.
π Understand Fees and Costs
Be aware of the fees associated with the Madrid System. Costs include a basic fee, additional fees for designated countries, and extra costs for more than three classes of goods and services.
π₯ Check Eligibility
Ensure you meet the eligibility requirements before applying. You must be a national of a member country or have a significant business presence there, along with an existing national application.
π Use Free Resources
Take advantage of the free resources provided by the USPTO and WIPO. They offer guides, FAQs, and webinars to help you navigate the process effectively.
π Keep Track of Deadlines
Respond to any office actions from the USPTO within six months. If you miss a deadline set by WIPO, you can request continued processing within two months for an additional fee.
π οΈ Utilize the Madrid e-Filing System
Use the Madrid e-Filing system for easier international trademark applications. Remember to create a WIPO account to access the e-filing features.
π Top Services for Trademark Registration Ranked by User Reviews (2026)
This section focuses on services that assist with trademark registration and related needs. The order follows Trustpilot ratings as of October 2026, but scores can change over time. Star ratings reflect user feedback, where lower scores often indicate more complaints.
π₯ 1. Rocket Lawyer
Rocket Lawyer has been rated 4.5. It is known for helping users create legal documents and providing trademark registration support. However, some users find the subscription model may not suit all their needs.
π₯ 2. LegalZoom
LegalZoom holds a Trustpilot score of 4.6. This service offers various online legal services, including trademark registration assistance. Some reviewers express concerns about delays and communication issues.
π Free Government Resources
The USPTO and WIPO offer free resources to assist with the Madrid Protocol process. These include guides, FAQs, and webinars that help applicants understand the trademark registration procedure.
π What to Compare When Choosing a Trademark Service
- π Trustpilot scores and reviews for user satisfaction.
- π° Costs associated with application and registration.
- π Processing times for applications and responses.
- π Availability of helpful resources and support.
β Frequently Asked Questions
β What is the Madrid Protocol?
The Madrid Protocol is an international treaty that allows trademark owners to register their marks in multiple countries through a single application.
π How long does it take to process a Madrid application?
As of October 1, 2026, the average processing time for a new trademark application is about 4.3 months for the first examining action and 10.4 months for final decisions.
π Can I change my trademark after filing?
Once a trademark application is submitted, significant changes may not be allowed. Consult the USPTO guidelines for specific rules on amendments.
π How many countries are part of the Madrid System?
As of January 12, 2026, there are 116 member countries in the Madrid System, collectively covering 132 countries.
π What happens if I miss a deadline?
If you miss a deadline set by WIPO, you can request continued processing within two months for a fee of 200 CHF.
π How do I contact the USPTO for help?
You can reach out to the USPTO through their official website, where they provide contact details and resources for applicants.
βοΈ Recent Cases Related to Trademark Law
Several recent court rulings have clarified aspects of trademark law, including issues related to the Madrid Protocol. These rulings are important for understanding how trademark rights are protected internationally.
- Court Reverses Trademark Ruling in Cheerleading DisputeCourt of Appeals for the Eleventh Circuit Β· June 24, 2026
- Florida court affirms ruling in Christopher Brand caseDistrict Court of Appeal of Florida Β· September 1, 2023
- Court rules tribal immunity does not apply in trademark caseTrademark Trial and Appeal Board Β· September 18, 2026
- New York attorney publicly censured for misconduct in trademark casesAppellate Division of the Supreme Court of the State of New York Β· August 13, 2026
For more recent rulings, feel free to browse more rulings on the news page.
End of October 2026 Update
The Madrid Agreement allows for international trademark licensing of registered international trademarks. A trademark license is an agreement between the actual owner of a particular trademark and an interested party that is seeking to introduce the trademark in a commercial setting.
Trademark licensing is typically done in order to expand the availability of a trademarked product to other markets, and in the case of international trademark licensing, to other countries or nations. Under the Madrid Agreement, it is not explicitly stated that the recording of a license be mandatory, however, it is granted.
The recording of a trademark license has a similar effect to that of a trademark being protected under common law and state statutes, but not requiring federal registration to recognize the inherent rights and protections of the mark, as is the case in the United States. However, in the occurrence of a trademark licensing contract, it would be in the best interest of both parties to record the agreement, particularly at the international level. By the Madrid Agreement standards, a formal request for the recording of a license must include:
Β Β Β Β Β The international trademark registration number of the proposed mark for licensing
Β Β Β Β Β Names and addresses of the owner and licensee
Β Β Β Β Β A list for all the goods or products that the trademark licensing is to protect or include
Β Β Β Β Β The nationality of the licensee
Β Β Β Β Β Country or countries the licensee is of legal resident status
Β Β Β Β Β The geographic extent or limits that such license is to apply
Β Β Β Β Β The status of the license, such as exclusive or non-exclusive
Β Β Β Β Β Duration of the license
Β Β Β Β Β If royalty dues are part of the agreement, the percentage or amounts to paid to the owner of the trademark
The request for international trademark licensing and recording is to be signed by the appropriate parties, as well as the domestic Office where the request is filed. If the request does not meet all of the instituted requirements by the Madrid Agreement, the International Bureau will notify owner of the trademark, as well as the Office where the request was filed.
If the request is not completed under the required components, the request may be canceled after a period of three months from the date the request was filed, and the International Bureau will notify the parties involved and the domestic Office. If the request is approved, the International Bureau will notify the appropriate parties of the trademark licensing recording approval, and be put on record with the date that the request was received.
The owner of the trademark may also seek to request or declare that recording of a trademark licensing will have no effect. Such request must provide for the a statement listing the reasons for which the license has no effect, as well as what goods or products are affected by such a declaration.
The owner of the trademark has a period of 18 months to issue the declaration of no effect, starting from the date of the trademark licensing request was granted. Any no-effect declaration will be entered into record by the International Bureau into the International Register and notify the involved parties that it has been entered as such.