📅 2026 Update: Changes to the Madrid Protocol and U.S. Trademark Law

Since the original article was written, there have been several key changes to the Madrid Protocol and U.S. trademark law. These updates affect how trademark applications are filed internationally and the fees associated with them. The earlier article continues further down this page, providing foundational information on trademark registration and related topics.

🌍 New Filing System

As of October 1, 2026, the U.S. Patent and Trademark Office (USPTO) transitioned from the Trademark Electronic Application System (TEAS) to the Madrid e-Filing system for international trademark applications. This change aims to streamline the filing process for U.S. applicants seeking international trademark protection.

  • 📄 WIPO Account Requirement: Applicants must create a World Intellectual Property Organization (WIPO) account to use the Madrid e-Filing system. This requirement enhances security and tracking for international filings.

💰 Updated Fees

The fee structure for international trademark applications has also seen changes.

  • 💵 Basic Fees: The basic fee is now 653 Swiss francs (CHF) for a black and white mark and 903 CHF for a color mark.
  • 🌎 Complementary Fees: There is a charge of 100 CHF for each designated member country, in addition to the basic fee.

🕒 Processing Times

Processing times for trademark applications have been updated.

  • ⏳ Average Wait Times: As of October 1, 2026, the average wait time for the first examining action is 4.3 months, while the time for registration or abandonment has increased to 10.4 months.
  • ⚙️ Efficiency Improvements: The Madrid e-Filing system is designed to improve processing efficiency, potentially reducing wait times compared to previous methods.

📝 Eligibility and Deadlines

Understanding eligibility rules and deadlines is crucial for applicants.

  • 📅 Response to Office Actions: Applicants now have six months to respond to office actions issued by the USPTO.
  • ⚠️ Continued Processing Requests: If a deadline is missed, applicants can request continued processing within two months of the expiry. The fee for this request is 200 CHF.

📌 Key Takeaways

  • 🌍 The Madrid e-Filing system is now required for international trademark applications.
  • 💰 Updated fees include a basic fee of 653 CHF for black and white marks.
  • ⏳ Average processing times are now 4.3 months for the first action.
  • 📅 Applicants must respond to office actions within six months.
  • ⚠️ Missed deadlines can be addressed with a continued processing request.

💡 Tips for Navigating Trademark Registration

Review the details of your situation with your attorney to ensure proper guidance through trademark registration.

📄 Understand the New Filing System

Familiarize yourself with the Madrid e-Filing system. This system requires a WIPO account for all international trademark applications based on U.S. registrations, simplifying the process for many applicants.

💵 Be Prepared for Fees

Before applying, calculate the total fees involved. The basic fee starts at 653 CHF, and additional charges apply for each designated country and class of goods beyond the first three.

⏳ Track Your Application

Keep an eye on your application status. Average processing times are currently 4.3 months for the first action. Prompt responses to any office actions can help prevent delays.

📅 Meet Deadlines

Make sure to respond to any office actions within six months. Missing this deadline can slow down the trademark process significantly.

⚠️ Consider Continued Processing

If you miss a deadline, you can request continued processing within two months of the missed date. This request comes with a fee of 200 CHF, so plan accordingly.

🏆 Trademark Services Ranked by User Reviews (2026)

This section covers services that assist with trademark registration and related legal needs, reflecting user ratings as of October 2026. The order follows Trustpilot data, which can change over time. Ratings are just one factor to consider, as unhappy customers may leave more reviews, and sample sizes can differ.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 stars. It is known for offering online legal services, including trademark registration assistance. While many users appreciate the ease of use, some have reported delays and communication issues, which may affect the overall experience for applicants.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a Trustpilot score of 4.5. The service is recognized for its legal document creation and trademark registration support. However, some users caution that its subscription model may not be suitable for everyone, potentially adding to the overall cost for those who need ongoing services.

🆓 Free Government and Nonprofit Help

The USPTO and the World Intellectual Property Organization (WIPO) provide free resources to help applicants navigate the Madrid Protocol. The USPTO offers guides and FAQs, while WIPO has webinars and a fee calculator available at no cost.

🔎 What to Compare in Trademark Services

  • 🏆 User ratings and review counts
  • 📝 Services offered for trademark registration
  • 💰 Total fees and any hidden costs
  • 📞 Customer support options and responsiveness
  • ⏱️ Average processing times for applications

❓ Frequently Asked Questions

❓ What is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows trademark holders to register their trademarks in multiple member countries with a single application.

❓ How many countries are part of the Madrid System?

As of January 12, 2026, there are 116 member countries in the Madrid System, covering a total of 132 countries.

❓ What are the most common classes for trademark applications?

In 2025, Class 9 (computer hardware and software) accounted for 10.8% of all classes used in international trademark applications, followed by Class 35 (advertising and business management) and Class 42 (scientific and technological services).

❓ How can I respond to an office action?

Applicants must respond to any office actions issued by the USPTO within six months. Timely responses are essential to avoid delays in processing.

❓ What happens if I miss a deadline?

If you miss a deadline set by WIPO, you can request continued processing within two months of the expiry. This request comes with a fee of 200 CHF.

❓ Is there assistance available for filing trademarks?

Yes, both the USPTO and WIPO provide free resources, including guides and online tools, to assist applicants with the trademark filing process.

⚖️ Recent Cases in Trademark Law

Recent court rulings continue to shape U.S. trademark law and its application. These rulings may impact how trademarks are registered and enforced under the Madrid Protocol.

For more recent rulings, check out more rulings on the news page.

End of October 2026 Update





The Madrid Protocol, formally known as the Protocol Relating to the Madrid Agreement, is one of the treaties that governs the Madrid System for the international registration of trademarks. The Madrid Protocol was adopted in 1996, with the end purpose of adding flexibility to the Madrid System. 

As of 2004, the Madrid Protocol has a total of 76 members, with the additions of the United States and the European Union being of worthy note. The Madrid Agreement was instated in 1891, and currently has 56 members following its provisions. The discrepancy in the number of members between both treaties exists because the Protocol provided for provisions that allowed for a more flexible and less strict requirements than the original Agreement. 

One of the key differences is that under the Madrid protocol, international trademarks may be considered without having already obtained a federally or nationally registered trademark in the country of origin. The Madrid Protocol allows for a trademark holder or owner to file an international trademarks registration while the national trademark registration is still pending; the Madrid Agreement requires that such registration already be completed. Furthermore, the Madrid Protocol allows for a trademark's owner to file both the national and the international trademarks application for registration at the same time, or immediately following the submission of the national application.

Background Information on the Madrid Protocol

However, even though there are differences between the Madrid Protocol and Madrid Agreement, their objectives are still the same. One of the first issues to address was to provide for the protection of international trademarks creating a central organization to process and administratively control international trademarks with a simple registration process and single application for recognition of trademark rights in multiple countries; the effect of this would lower costs for trademark owners or corporations in the expansion of the mark and its related products or services into the international markets. 

Secondly, the Madrid System had simplicity and functionality as its main concern by allowing for a more effective way to manage international trademarks by allowing for a collective system for the registration of marks, by requiring only one application and one collection of fees; prior to the system, international trademarks registration had to be done individually for each country the mark was to be used, which made it more costly by requiring lawyers to interpret to national trademark laws of each country, and the need for translators to aid in the process.

Furthermore, the idea of having to register for each country individually was not only expensive, but extremely time consuming and confusing. The Madrid Agreement and Madrid Protocol allow for a convenient procedural process for owners of trademarks who which to enter their products or services into foreign nations. Most recently, the Madrid Protocol introduced Spanish as one of the options for languages to be used in the application process, making this treaty more attractive to Latin American nations and Spanish-speaking countries to join membership as signatories to the Agreement provisions. 

Because the Madrid Protocol provides for a more updated and functional set of provisions than its predecessor in the Madrid Agreement, it has largely become the preferred treaty for international trademarks registrations and applications world wide.