Madrid Protocol Designation of the U.S.: What Happens After WIPO

WIPO’s registration of an international trademark is only the beginning. When a foreign brand designates the United States under the Madrid Protocol, WIPO forwards the request to the USPTO, which examines it under U.S. law and has 18 months to refuse protection. Whether the designation becomes an enforceable U.S. registration depends entirely on what happens at the USPTO.

The same system runs in reverse for U.S. brands. A single application filed through the USPTO can reach Colombia, Mexico, the European Union, and much of Asia, usually at a fraction of the cost of separate national filings. This article covers both directions: how the Madrid Protocol works, what happens after WIPO when the U.S. is designated, where U.S. brands file, and what it costs.

The Madrid Protocol in Brief

The Madrid Protocol lets a brand owner file one international application, in one language, with one set of fees paid in Swiss francs, and extend it to any of the system’s members. As of October 2026, there are 117 members covering more than 130 countries, with Saudi Arabia as the newest member effective October 8, 2026. Madrid members account for roughly 90% of global GDP.

How it works:

1. Basic mark. The applicant must hold an application or registration in its home office, the “office of origin.” For U.S. brands, that is the USPTO.
2. International application. The office of origin certifies that the international application matches the basic mark and forwards it to WIPO’s International Bureau. The goods and services cannot be broader than the basic mark.
3. International registration. WIPO checks formalities and classification, records the international registration, publishes it in the WIPO Gazette, and notifies each designated member.
4. National examination. Each designated office examines the mark under its own law and may issue a provisional refusal within 12 or 18 months, depending on the member.
5. Central management. Renewals, ownership changes, and later “subsequent designations” of new countries are filed once, with WIPO.

Two structural features shape every Madrid strategy:

• Dependency and central attack. For five years, the international registration depends on the basic mark. If the basic U.S. application is refused, narrowed, or cancelled in that period, every designation falls with it to the same extent.
• Transformation. If that happens, the owner has three months to convert each lost designation into a national application that keeps the original international filing date.

U.S. companies are the system’s largest users. U.S. applicants filed 10,997 international applications in 2025, more than any other country, and made 73,087 designations of other members.

What Happens After WIPO When the U.S. Is Designated

Once WIPO records the international registration, the U.S. designation becomes a Section 66(a) application at the USPTO, examined under the same standards as any domestic filing. Its U.S. filing date is the international registration date (or the subsequent designation date), and it can claim the home-country priority date if the basic application was filed within the prior six months.

Three U.S.-specific rules decide most outcomes:

• The identification must meet U.S. standards. The USPTO can require the goods and services to be narrowed or clarified, but never broadened, and cannot change the classes WIPO assigned. Broad class headings common abroad are a leading cause of U.S. refusals.
• Section 66(a) applications have limits. They cannot move to the Supplemental Register or switch to another filing basis, so a descriptive mark has no fallback.
• Refusals require U.S. counsel. The USPTO issued 27,809 provisional refusals of Madrid designations in 2025, more than any other member. A foreign-domiciled holder can file through WIPO without a U.S. attorney, but must appoint a U.S.-licensed attorney to respond.

The payoff comes at the end: a Section 66(a) application registers without proof of use. Use is tested later, through the Section 71 declaration of use due between the fifth and sixth anniversaries of U.S. registration.

Why Use Madrid: Colombia, Mexico, the EU and Asia

The biggest savings come from what Madrid removes, not from lower government fees. A direct national filing in each country needs local counsel from day one, a translated application, and a separate payment in local currency. Under Madrid, local counsel is needed only if an office issues a provisional refusal, and renewals and ownership changes are recorded once for every country.

Individual fees for one class, as charged by WIPO (CHF; U.S. dollars at about US$1.30 per CHF, the rate implied by the USPTO’s US$600 fee for a CHF 460 designation):

Market	1 class	Each added class	Approx. US$, 1 class	Why it matters for U.S. brands
European Union	CHF 789	CHF 48 (2nd), CHF 144 (3rd+)	~$1,030	One designation covers all 27 member states
Colombia	CHF 276	CHF 138	~$360	Member since 2012; a key Andean and Caribbean-basin market
Mexico	CHF 132	CHF 132	~$170	Member since 2013; the most subsequently designated member worldwide in 2025
China	CHF 220	CHF 110	~$290	Top target of U.S. holders’ later designations
Japan	CHF 221	CHF 208	~$290	Consistently a top six destination
Republic of Korea	CHF 150	CHF 150	~$200	Frequent later designation by U.S. holders
India	CHF 83	CHF 83	~$110	Among the lowest individual fees of any large market
Singapore	CHF 265	CHF 265	~$345	Southeast Asian hub
Viet Nam	CHF 109	CHF 109	~$140	Fast-growing destination

Worked example. A U.S. brand with one class, designating Colombia, Mexico, the EU, China, Japan, Korea, and India, pays the CHF 653 basic fee plus CHF 1,871 in individual fees—CHF 2,524, or about US$3,290—plus the USPTO’s US$100 certification fee. With two classes, the total is CHF 3,393 (about US$4,420) plus US$200.

Colombia

Colombia’s office (SIC) examines Madrid designations under the Andean Community’s common trademark regime, and any refusal must be answered through local counsel. U.S. brands benefit most when they want Colombia now and plan to add Peru, Ecuador, or Central American markets later. Note that Peru is not a Madrid member and requires a national filing.

Mexico

Mexico (IMPI) charges a flat CHF 132 per class, one of the lowest fees among major markets. Mexico was the Madrid member that received the most subsequent designations in 2025 (2,325), overtaking Canada and the U.S. Registrants must file a declaration of use within three months after the third anniversary of registration, a step Madrid does not handle centrally.

The European Union

A single EU designation reaches all 27 member states for CHF 789. It does not cover the United Kingdom, which since Brexit must be designated separately (CHF 240 for one class). The EU was the most designated Madrid member in 2025.

Asia

Asia is where Madrid’s savings compound. China, Japan, Korea, India, Singapore, Viet Nam, the Philippines, Indonesia and Thailand are all members, so one application can replace up to nine national filings in different languages. U.S. holders’ most common later designations have been China, Japan, Korea, Australia and Mexico. Expect provisional refusals on goods and services wording, especially in China and Japan, which apply their own sub-class and specificity rules.

Latin America and the Caribbean: Every Madrid Member

Ten countries in Latin America and the Caribbean belong to the Madrid Protocol, plus three Dutch Caribbean territories covered through the Netherlands. Mexico and Brazil receive about 11,000 designations a year each; Chile and Colombia about 4,500 to 4,800; the Caribbean members a few hundred to about 900. Chile is the fastest-growing large market, up 16% since 2023.

Fees and recommendations by country

Member	In force	Individual fee, CHF	Recommendation
Mexico	Feb. 19, 2013	132 per class	Designate at filing; diarize the declaration of use due after the third anniversary of registration
Brazil	Oct. 2, 2019	251 per class	Appoint a Brazil-resident attorney as soon as the designation issues; foreign owners must act through local counsel, and Brazil issued 3,192 provisional refusals in 2025
Chile	July 4, 2022	210 per class	Strong candidate for a subsequent designation as Chilean filing grows; expect classification refusals on broad terms
Colombia	Aug. 29, 2012	276, plus 138 per added class	Pair with national filings in Peru and Ecuador, which are not Madrid members, and watch for Andean Community oppositions based on rights elsewhere in the bloc
Jamaica	Mar. 27, 2022	157, plus 21 per added class	Low added-class fee rewards multi-class filings for tourism, food and beverage brands
Cuba	Dec. 26, 1995	239 for three classes, 80 per added class, plus a 72 second-part fee	U.S. brands must comply with OFAC’s Cuban Assets Control Regulations; a general license covers trademark registration and renewal, but confirm scope before paying
Belize	Feb. 24, 2023	189, plus 40 per added class	Inexpensive gateway to Central America, where most neighbors are not Madrid members
Antigua and Barbuda	Mar. 17, 2000	192, regardless of number of classes	Best value for broad, multi-class coverage
Trinidad and Tobago	Jan. 12, 2021	166, plus 18 per added class	Useful foothold in CARICOM; there is no regional CARICOM trademark, so each island needs its own coverage
Grenada	Mar. 15, 2026	325, plus 153 per added class	Newest regional member; check whether existing international registrations can be extended to it
Curaçao, Sint Maarten, Bonaire/St. Eustatius/Saba	Via the Netherlands	250 / 260 / 163 for three classes	Designate each territory separately; a Benelux designation does not reach them

Gaps in regional coverage

Much of the region still requires national filings: Argentina, Peru, Ecuador, Venezuela, Bolivia, Paraguay, Uruguay, Panama, Costa Rica, Guatemala, Honduras, El Salvador, Nicaragua, the Dominican Republic, the Bahamas and Barbados are not Madrid members. A practical Latin American program combines one Madrid application for Mexico, Brazil, Chile, Colombia and the relevant Caribbean members with direct filings in the remaining markets.

The reverse flow: Latin American brands designating the U.S.

Latin American companies use Madrid far less than U.S. companies. Applicants based in Brazil filed 180 international applications in 2025, Mexico 107, Colombia 90 and Chile 42, and the U.S. was the top destination for applicants from Brazil and Colombia. For these brands the U.S. stages described above apply in full, including the need for U.S. counsel to answer any USPTO refusal.

Spotlight: Brazil and Chile for U.S. Brands

Brazil is the larger prize and the harder office; Chile is smaller, faster, and increasingly Madrid-driven. In both countries U.S. companies are already the largest foreign filers, so a U.S. brand that waits risks finding its name taken by a competitor or a squatter in a first-to-file system.

Side-by-side metrics

Metric	Brazil (INPI)	Chile (INAPI)
Madrid member since	Oct. 2, 2019	July 4, 2022
WIPO individual fee	CHF 251 per class	CHF 210 per class
Subsequent designations received, 2025	1,076	1,042
Provisional refusals issued, 2025	3,192, up 36.5% on 2024	Not among the 20 largest issuers
Refusal deadline	18 months; opposition-based refusals may follow later	18 months
Typical timing	About 14–18 months to a decision for straightforward filings	About 7 months from WIPO notice to registration if clean; about 10.5 months with a refusal
Trademark filings at the office, 2024 (classes)	468,667, of which 42,714 non-resident	61,098, of which 17,729 non-resident
U.S. share of foreign filings, 2024	23.1% (9,712 classes), the largest foreign source	19% (3,320 classes), the largest foreign source
Trademarks in force, 2024	2,605,956	322,124
Local issues to plan for	Some INPI requirements surface only in its Official Gazette (RPI), not through WIPO	Examiners check marks against EU geographical indications protected since February 2025; 3D marks need at least three views

Brazil: recommendations for U.S. brands

1. Designate Brazil at filing if you expect to sell there within two years. Brazil is first-to-file, and U.S. owners already account for nearly a quarter of its foreign filings.
2. Retain Brazilian counsel as soon as the designation issues. Practitioners warn that INPI publishes some requirements locally without WIPO relaying them, so a docketing gap can cost the designation.
3. Do not treat silence as approval. Brazil can notify opposition-based refusals after its 18-month window closes.
4. Budget for a refusal. INPI’s provisional refusals rose 36.5% in 2025, to 3,192; tight, specific goods and services wording is the best defense.
5. Expect a slower path than at home. Straightforward cases take about 14–18 months to a decision, longer if opposed.

Chile: recommendations for U.S. brands

1. Use Madrid; most foreign brands now do. About 60% of non-resident trademark classes in Chile arrived through Madrid in 2024, up from none before July 2022, and designations of Chile rose 16% from 2023 to 2025.
2. Weigh speed against convenience. A clean national filing with INAPI’s pre-approved terms registers in about five months, versus about seven for a Madrid designation. For an urgent launch, file nationally; otherwise designate.
3. Clear food and beverage names against EU GIs. Since the Chile–EU Interim Trade Agreement took effect on February 1, 2025, INAPI checks applications against about 216 protected EU geographical indications.
4. Prepare 3D marks for Chilean rules. Include at least three views in the basic application to avoid a provisional refusal.
5. Pair Chile with Peru. Peru is Chilean companies’ top foreign filing destination but is not a Madrid member, so a regional strategy needs a direct Peruvian filing.

Where U.S. Brands Go: The Top Madrid Destinations, 2021–2025

Nine markets have ranked in the top ten every year since 2021, led by the UK and the EU. Mexico replaced the Russian Federation in 2022. WIPO does not publish a numeric year-by-year breakdown of designations by U.S. applicants alone, so the chart ranks the most designated members by all applicants, leaving out the U.S. itself, which U.S. brands cannot designate.

U.S. volumes have eased since the 2021 filing peak but remain the largest of any country:

Year	Madrid applications by U.S. applicants	Designations by U.S. applicants
2025	10,997	73,087
2024	11,270	73,004
2023	10,987	75,763
2022	12,495	87,110
2021	13,276	94,763

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Filing Fees and Costs

A Madrid filing has three layers of government fees: the office of origin’s fee, WIPO’s basic fee, and a fee for each designated member. Professional fees come on top, mainly for responding to provisional refusals.

Outbound: a U.S. brand filing through the USPTO:

Fee	Amount	Paid to
USPTO certification fee	US$100 per class (one basic mark); US$150 per class (more than one)	USPTO
WIPO basic fee	CHF 653 (black and white); CHF 903 (color)	WIPO
Supplementary fee	CHF 100 per class beyond three, only where a designated member charges the standard fee	WIPO
Complementary fee	CHF 100 per designated member that charges the standard fee	WIPO
Individual fee	Set by each member, e.g., EU CHF 789, Mexico CHF 132 per class	WIPO, for the member
Subsequent designation	CHF 300 basic fee plus the member’s fee	WIPO
Renewal (every 10 years)	CHF 653 basic fee plus each member’s renewal fee	WIPO

Inbound: a foreign brand designating the United States:

Fee	Amount	Paid to
U.S. individual fee	CHF 460 per class (US$600, effective Feb. 18, 2025)	WIPO, for the USPTO
Section 71 declaration of use (years 5–6)	US$325 per class	USPTO
U.S. renewal individual fee	CHF 249 per class	WIPO, for the USPTO
Response to a refusal	Professional fees; a U.S.-licensed attorney is required for foreign-domiciled holders	U.S. counsel

At CHF 460 (about US$600) per class, a U.S. designation costs more in government fees than a direct USPTO application at US$350 per class. The trade-off is that a Madrid designation needs no U.S. counsel at filing and no statement of use before registration, while a direct filing by a foreign-domiciled applicant requires a U.S.-licensed attorney from the start.

Practical Pitfalls and Tips

• Draft goods and services for the strictest office. The international registration cannot be broadened later, and the USPTO, China, and Japan all refuse vague terms. Starting from the USPTO’s ID Manual avoids most identification refusals abroad.
• Protect the basic mark for five years. A narrowed or cancelled U.S. basic application cuts back every designation through central attack. File the basic application as a use-based or carefully scoped intent-to-use application.
• Docket the U.S. Section 71 declaration separately. WIPO handles renewals, but the USPTO’s declaration of use between years five and six must be filed directly with the USPTO. Missing it cancels U.S. protection even though the international registration stays alive.
• Budget for local counsel on refusals. Madrid saves agent fees at filing, not at the refusal stage. Expect to retain counsel in markets that refuse, especially China, Japan, and the U.S.
• Watch for non-members. Argentina, Peru, Venezuela, and much of Central America are not Madrid members and still require national filings.
• Mind ownership rules. An international registration can be assigned only to an owner entitled to use Madrid through a member country.
• Use subsequent designations to stage expansion. About 14.5% of 2025 Madrid applications designated a single member, a sign that many holders start with their priority market and add others later.