📅 2026 Update: Changes in International Trademark Filing

Since the original article was published, there have been several important updates related to international trademark filings, especially concerning the Madrid Protocol. The U.S. Patent and Trademark Office (USPTO) has made significant changes, particularly regarding how applicants submit their trademark applications for international protection.

This update highlights the key changes that affect the trademark registration process and the Madrid System. The original article continues further down the page, providing more foundational information on the topic.

🌍 Madrid e-Filing System Transition

On October 1, 2026, the USPTO transitioned to the Madrid e-Filing system for international trademark applications based on U.S. registrations. This move is aimed at streamlining the filing process. Applicants must now create a WIPO account to use this system.

  • 📄 Paper Filings: While electronic filing is preferred, applicants can still file on paper using WIPO forms. However, paper filings can lead to delays.

💰 Updated Fees and Costs

The fees for using the Madrid System have also been updated. As of now, the basic fee is 653 Swiss francs (CHF) for a black and white mark and 903 CHF for a color mark.

  • 💵 Complementary Fees: There is an additional fee of 100 CHF for each designated member country. Each class of goods beyond the first three incurs a supplementary fee of 100 CHF.

⏳ Average Processing Times

Average processing times have changed. As of October 1, 2026, the average wait time for the first examining action is 4.3 months, while the total time for registration or abandonment is about 10.4 months.

  • 🚀 Efficiency: The Madrid e-Filing system is designed to improve efficiency, potentially speeding up processing times compared to older methods.

📅 Important Deadlines

Applicants must pay attention to deadlines. They need to respond to office actions from the USPTO within six months of issuance. If a deadline is missed, applicants can request continued processing within two months for a fee of 200 CHF.

📌 Key Takeaways

  • 🌐 Transition to the Madrid e-Filing system is effective from October 1, 2026.
  • 💰 Basic fees are now 653 CHF (black and white) and 903 CHF (color).
  • ⏳ Average processing time for applications is now 4.3 months.
  • 📅 Respond to office actions within six months to avoid complications.
  • 🆓 Free resources are available from USPTO and WIPO for applicants.

💡 Tips for Navigating Trademark Registration

It is important to review the details of your situation with an attorney to ensure proper guidance throughout the trademark registration process.

📝 Understand the Madrid Protocol

Familiarize yourself with the Madrid Protocol's requirements. Applicants must be nationals of member countries or have a commercial establishment in such countries to qualify for international trademark protection.

📑 Use the Madrid e-Filing System

Starting October 1, 2026, all international trademark applications based on U.S. registrations must be submitted through the Madrid e-Filing system. Creating a WIPO account is necessary for this process.

⏰ Keep Track of Deadlines

Be aware of all deadlines associated with your application. If you receive an office action from the USPTO, you have six months to respond. Missing deadlines can complicate your application.

💸 Budget for Fees

Plan for the costs involved in international trademark applications. The basic fee starts at 653 CHF for black and white marks, and additional fees apply for each designated country and class of goods.

📚 Use Available Resources

Take advantage of free resources offered by the USPTO and WIPO. These include guides, FAQs, and webinars that can help clarify the trademark registration process.

🏆 Trademark Registration Services Ranked by User Reviews (2026)

This section reviews various services that assist with trademark registration and related legal services. The ratings come from Trustpilot as of October 2026. While star ratings are helpful, they are just one aspect of customer feedback, as dissatisfied customers often leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for providing a range of online legal services, including trademark registration assistance. Many users appreciate the convenience of their platform, although some report issues with delays and communication.

LegalZoom's services can help streamline the trademark application process, making it easier for individuals and businesses to secure their trademarks. However, potential users should consider the feedback regarding delays.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a rating of 4.5. The service specializes in legal document creation and trademark registration support. Reviewers note the ease of use and the comprehensive nature of its services.

However, some users may find the subscription model less appealing. Rocket Lawyer is designed to help users create and manage their legal documents, including those related to trademarks.

🆓 Free Government Resources

The USPTO and WIPO offer free resources to assist applicants with the trademark registration process. The USPTO provides guides, FAQs, and online tools, while WIPO offers webinars and a fee calculator to help understand the Madrid System.

These resources can be particularly beneficial for those navigating the complexities of trademark registration without incurring additional costs.

🔎 What to Compare When Choosing a Trademark Service

  • 🏆 Trustpilot Ratings: Look at overall scores and review counts.
  • 💬 Customer Feedback: Read reviews to identify common issues or praises.
  • 📝 Services Offered: Compare the specific legal services related to trademarks.
  • 💰 Fees: Consider the total costs, including any hidden fees.
  • ⏳ Processing Times: Check estimated processing times to meet your needs.

❓ Frequently Asked Questions

🤔 What is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows trademark owners to register their trademarks in multiple countries through a single application. It simplifies the process of obtaining international trademark protection.

🏢 Who can apply for international trademark protection?

Applicants must either be nationals of a member country of the Madrid Protocol or have a real and effective industrial or commercial establishment in such a country. An existing national application or registration is also required.

🔍 How long does the trademark registration process take?

As of October 1, 2026, the average wait time for the first examining action is 4.3 months, with total processing time for registration or abandonment averaging 10.4 months.

📆 What happens if I miss a deadline?

If you miss a deadline set by the USPTO or WIPO, you can request continued processing within two months of the deadline for a fee of 200 CHF. This option allows you to continue your application without starting over.

💸 What are the costs involved in trademark registration?

The basic fee for filing an international trademark application is 653 CHF for black and white marks and 903 CHF for color marks. Additional fees apply for each designated country and class of goods.

📚 Where can I find help with the trademark process?

Free resources are available from the USPTO and WIPO. These include guides, FAQs, and webinars that can help you understand the trademark registration process and requirements.

⚖️ Recent Cases Related to Trademark Registration

Recent court rulings have clarified aspects of trademark registration and the Madrid Protocol. These rulings impact how applications are processed and the rights of trademark owners.

For more information, feel free to check more rulings on the news page.

End of October 2026 Update





The Madrid Agreement requires distinct information to be furnished on the application for international trademark registration. Applications must be completed in full, as well as provide for all the necessary information, or otherwise are deemed as incomplete. 

The international trademark registration application is allotted a two month term in order to be appropriately completed, and all necessary information is to be submitted by within that time period. A notice of provisional refusal may be communicated by the International Bureau to the domestic Office, where it will provide for the grounds of the international trademark registration dismissal and cancellation. However, in most cases, it will be the domestic Office issuing the actual notices of provisional refusal to the applicant as authorized by the International Bureau. 

In extenuating circumstances, the domestic Office will move toward a provisional refusal because the application process or registration requirements are not met as per the domestic Office and not necessarily the International Bureau or Madrid Agreement regulations. This type of refusal is referred to in the legislation as ex officio. Provisional refusals may also be issued in cases of opposition against the mark's trademark registration on the international level.  In the case of an ex officio provisional refusal, the Office making the decision must report back to the International Bureau regarding the status of protection of that particular trademark. 

The Madrid Agreement Provisional Refusal

The Office must send the notice of provisional refusal within the applicable time limit as found in the Madrid Agreement. The International Bureau will then publish in the WIPO Gazette of International Marks provisional refusals of certain marks, only indicating whether the refusal in total or partial, but not indicating goods or products directly affected nor the actual grounds for such refusal. The International Bureau may choose the publish the categories of products or goods that are related to mark that are directly affected by the decision. The domestic Office must send a statement and report of all the proceedings regarding the protection status of the mark in question, such as decisions rendered by a national appeal board or court law. 

Most importantly, it shall also report the final outcome of such proceedings, rendering the protection of the mark refused for all the goods and/products or services, or otherwise granted protection. The International Bureau will ultimately publish the results of approval or refusal, with an indication of the affected products, goods, or services.

The notification of provisional refusal must provide for certain content as outlined in the Madrid Agreement which includes the following:

         The name of the Office making the notification of provisional refusal

         The international trademark registration number

         Written descriptions of the actual mark in question

    This may also include the basic or domestic registration number for identification purposes

         The grounds on which the provisional refusal are based upon, such as ex officio or opposition

         Reference to the legislation as found in the Madrid Agreement that are associated with the grounds of refusal



         If the provisional refusal is based on opposition:

    Filing date for international registration of the other mark

    International trademark registration of the other mark

    Priority date

    Registration date and number of the other mark

    Name and address of the other mark's owner

    A reproduction of the other mark

    A list of products or goods related or associated with the other mark

         The products or goods directly affected or not affected by the provisional refusal <