📅 2026 Update: Changes in International Trademark Filings

Since the original article was published, significant changes have occurred regarding international trademark filings under the Madrid Protocol. The U.S. Patent and Trademark Office (USPTO) has transitioned to a new e-filing system, and new member countries have joined the protocol.

Readers can find further details in the original article below.

🌍 New Madrid e-Filing System

Starting October 1, 2026, the USPTO will exclusively use the Madrid e-Filing system for initial international trademark applications. This transition aims to make the filing process more efficient. Applicants must create a WIPO account to access this system.

🏳️‍🌈 New Member Countries

As of January 12, 2026, Grenada joined the Madrid Protocol, increasing the total member countries to 116. Saudi Arabia also joined on September 1, 2026. These additions expand the international trademark protection network.

💰 Updated Fees and Costs

The basic fee for filing is now 653 Swiss francs (CHF) for a black and white mark and 903 CHF for a colored mark. Additionally, there are fees for designated member countries and classes of goods beyond the first three. Some countries require individual fees, like Indonesia, which charges 150,000,000 IDR as of September 1, 2026.

⏳ Changes in Processing Times

The average processing time for new trademark applications has been updated. As of October 1, 2026, the first examining action takes about 4.3 months. The total time for registration or abandonment is approximately 10.4 months.

The Madrid e-Filing system may help reduce these times.

📌 Key Updates Summary

  • 🌐 Madrid e-Filing system becomes mandatory on October 1, 2026.
  • 🌍 Grenada and Saudi Arabia joined the Madrid Protocol.
  • 💰 Basic fees are now 653 CHF for black and white marks.
  • ⏳ Average processing times have been revised to 4.3 months for the first action.

💡 Tips for Trademark Applications

Review all specifics of your situation with an attorney to ensure you make the best decisions.

🔍 Check Eligibility

Ensure you meet the eligibility rules for international trademark applications. You must be a national of a member country or have a real industrial or commercial establishment there.

📅 Respond Promptly

When you receive an office action from the USPTO, respond within six months to avoid complications. Missing this deadline can delay your application significantly.

💻 Use Free Resources

Take advantage of free resources provided by the USPTO and WIPO. These include guides, FAQs, and webinars that can help clarify the Madrid Protocol process.

📑 File Correctly

Ensure you file using the correct forms and methods. As of October 1, 2026, electronic filing through the Madrid e-Filing system is required for U.S. applications.

💵 Budget for Costs

Be aware of all potential fees involved in your application. These include basic fees, complementary fees for additional countries, and any certification fees from the USPTO.

🏆 Services Ranked by User Reviews (2026)

In this section, we explore services that assist with trademark registration based on user reviews and ratings. This list is based on Trustpilot data as of October 2026. Star ratings can fluctuate and may not reflect every user's experience, as dissatisfied customers tend to leave more feedback.

🥇 1. Rocket Lawyer

Rocket Lawyer has been rated 4.5. It is known for its legal document creation and trademark registration support. However, some users may find its subscription model less appealing for their needs.

🥈 2. LegalZoom

LegalZoom holds a 4.6 rating. It is recognized for its online legal services, including trademark registration assistance. However, some reviewers have reported delays and communication issues, which may affect user experience.

🆓 Free Government and Nonprofit Help

The USPTO and WIPO offer free resources to aid in the trademark registration process. These include guides, FAQs, and webinars that can help applicants navigate the complexities of the Madrid Protocol effectively.

🔎 What to Compare When Choosing a Trademark Service

  • 📝 Service offerings and types of trademark support
  • 💵 Pricing structure and potential hidden fees
  • ⏳ Average processing times and efficiency
  • 📞 Customer service responsiveness and support options

❓ Frequently Asked Questions

❓ What is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows trademark owners to register and manage their trademarks in multiple countries through a single application.

📈 How many countries are currently members of the Madrid Protocol?

As of January 12, 2026, there are 116 member countries in the Madrid Protocol, which collectively span 132 countries.

⌛ What are the average processing times for international trademark applications?

As of October 1, 2026, the average wait time for a first examining action is about 4.3 months, while the total time for registration or abandonment is approximately 10.4 months.

💰 What are the costs involved in filing under the Madrid System?

The basic fee for filing is 653 CHF for a black and white mark and 903 CHF for a colored mark. Additional fees apply for designated countries and classes of goods.

🔍 Can I file a trademark application on paper?

Yes, you can file on paper using official WIPO forms if electronic filing is not possible. However, this method may lead to processing delays.

🔄 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 of the deadline. The fee for this request is 200 CHF.

⚖️ Recent Trademark Cases

Several recent court rulings have influenced trademark law and practices, particularly regarding the Madrid Protocol and international trademark applications.

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

End of October 2026 Update





The Madrid Protocol is the most recent of drafted treaties created under the Madrid System. The new treaty was implemented in 1996, and serves to provide for less restrictive requirements and laws that the Madrid Agreement originally contained since 1891. 

The Protocol is becoming more popular for use regarding the international registration of trademarks, already having more members than its predecessor. The Protocol is not reliant upon the membership of the Agreement, and nations or countries can choose to join only the Protocol, and adhere to the provisions under that treaty alone.

Background


An Overview of the Madrid Protocol


The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, or simply the Madrid Protocol, is one of the two treaties implemented under the Madrid System. The Madrid System is the body of legislation that governs international trademark laws, with the emphasis placed upon the registration process. 

The Madrid Protocol is an amendment of sorts, introduced in 1996. Though both have the purpose of international trademark registration, the Protocol is becoming the more popular among the two treaties because it allows for certain provisions that are more flexible than those originally found in the Madrid Agreement. 

More importantly, two commercial giants, the United States and the European Union, recently joined the Madrid Protocol as signatories in 2003 and 2004 respectively. The commercial viability in these two nations certainly allows for a more attractive option for other countries to join the Protocol, for The U.S. and E.U only adhere to this body of legislature, and not its predecessor.

Importance of Madrid Protocol

The Madrid Protocol is certainly becoming the method of choice when it comes to choosing a system for international trademark registration. Certain provisions and new regulations allow for a certain freedom that the original Madrid Agreement did not implement. 

One of the most recent innovations implemented under the Protocol is that it has adopted the Spanish language as an option in the application filing process. Originally, the Madrid Agreement had only French as its only option. With the introduction of Spanish into the registration procedure, it definitely provides for an attractive option for all Spanish speaking nations, particularly Latin America.

 


In the world of international trade and commerce, trademarks have become just as important--if not more so--than the actual products or services they represent. Therefore, Latin American countries will definitely weigh the options between the Agreement and the Protocol, with the latter being more commercially viable and successful, considering that the United States is a signatory to that treaty alone; the U.S. and Latin American countries have proven to benefit from trade and commercial exchanges, and the Madrid Protocol offers for yet another avenue to thrive economically.

How to Use the Madrid Protocol



In terms of actually using the Madrid Protocol for the international registration of trademarks, there is not much difference in the process than originally outlined by the Madrid Agreement; the registration process is virtually the same. The differences that exist arise from the actual body of legislation, but not necessarily the registration and application process itself. 

The only real difference, however, is the fact that under the Protocol, it is not necessary for a trademark to be fully registered at the national or federal level in its domestic land; a mark can be filed and pending federal approval and still file for international trademark protection. 

The Protocol even allows that both the federal and international registration process be done at the same time, provided that both applications are filed correctly, and the owner or holder of the mark follows the procedures for each accurately.



Implications on the United States Trademark Law



The Madrid Protocol is mostly concerned with international relations of trademarks, and does little to affect the member nations or signatories under its legislation. In the case of the United States, there is no actual effect of the Protocol to the nation's own trademark laws; the only consideration to be observed is that international trademarks having the United States as a contracting party must observe the domestic laws of the U.S. 

Therefore, it can be surmised that there will simply be more trademarks to police and regulate within the national borders, but the legislation itself is not affected per se. 

The only considerable effect the Madrid Protocol had on United States' trademark laws was when the United States passed the Madrid Protocol Implementation Act, which simply stated that the country would join as a member to the Protocol provisions for international registration of trademarks; otherwise, no discernible effect on the actual body of legislation regarding trademarks is to be found.