Skip to content
Asian Leader HubPeer recognition and leadership discourse for Asia-Pacific executives

Trademark registration in Asia: Madrid System basics

Trademark registration in Asia does not have to mean filing in every country one by one. The Madrid System lets a business file one international application, in one language, and pick the countries where it wants protection. This guide explains how that works, where it helps, and what to check before you file.

What the Madrid System is

The Madrid System is run by the World Intellectual Property Organization (WIPO) in Geneva. It is built on the Madrid Protocol, which was adopted in 1989 and has been in operation since 1996. You file one application and pay your fees in one currency, Swiss francs. You then name the member countries where you want your mark protected.

The system does not create one single trademark for all of Asia. Each country you name still looks at your mark under its own law. If a country is happy with it, the mark is protected there. If not, that country can refuse it, and the others are not affected.

Sources: WIPO, Madrid System overview (wipo.int/madrid); WIPO, Madrid Protocol, adopted 27 June 1989 (wipo.int/treaties).

Which Asian countries are members

Most large Asian markets are already in. China joined the Protocol in 1995. Japan joined in 2000 and Singapore in 2000. The Republic of Korea joined in 2003, Vietnam in 2006, the Philippines in 2012 and India in 2013.

The rest of Southeast Asia came later. Cambodia joined in 2015, Laos in 2016, Brunei and Thailand in 2017, Indonesia in 2018 and Malaysia in 2019. Myanmar is not on WIPO's list of members.

One detail trips people up. Protection in China under the Madrid System does not cover Hong Kong or Macao. Those are separate territories, so check them on their own if they matter to you.

Sources: WIPO, Madrid Agreement and Protocol, status of contracting parties (wipo.int/treaties); WIPO, Madrid System members page (wipo.int/madrid).

Madrid or country by country

The main gain from Madrid is simplicity. You file once, deal with one office at WIPO for upkeep, and track one registration. You also get one renewal date, and you can add more countries later. A registration lasts ten years and can be renewed every ten years after that.

Filing country by country gives you more control. You deal with a local office directly, and you often use a local agent. That can cost more, but it can also help if a country asks tough questions about your goods or services.

Many firms mix both. They use Madrid for most markets and file directly in a few key ones. Neither route is right for everyone. The best choice depends on how many countries you need and how much risk you see in each.

Sources: WIPO, Madrid System FAQ (wipo.int/madrid/en/faq); Madrid Protocol, Articles 3ter and 7 (WIPO Lex, wipo.int/wipolex).

Two rules to know before you file

First, you need a base. Your international application must rest on a mark you have already applied for or registered in your home country or region. This is called the basic mark. Your list of goods and services can be narrowed later, but it cannot grow beyond what the basic mark covers.

Second, the international registration depends on that basic mark for five years. If the basic application or registration is withdrawn, lapses or is cancelled in that time, protection abroad can fall with it. After five years, the international registration stands on its own. Plan for this, especially if your home application is still being examined.

Sources: Madrid Protocol, Article 6 (WIPO Lex, wipo.int/wipolex); WIPO, Madrid System FAQ (wipo.int/madrid/en/faq).

What happens after you file

Each country you name has a set time to object. For most it is 12 months. Some countries have said they will take up to 18 months. Objections that come from third parties opposing your mark can arrive later, under stricter rules. A country that misses its deadline loses the right to refuse on those grounds.

You can also ask for more countries later, after your first filing. A later request takes effect on the day it is recorded and runs to the same expiry date as the main registration.

Use this short checklist before you start:

  • Search each target country for marks that look or sound like yours.
  • Confirm the country is a member and read its member profile on the WIPO site.
  • Check that your home application or registration is solid.
  • Keep your goods and services list tight and accurate.
  • Talk to a trademark lawyer in any market that matters most.

This article is general information, not legal advice.

Sources: Madrid Protocol, Articles 3ter and 5 (WIPO Lex, wipo.int/wipolex); WIPO, Madrid System FAQ (wipo.int/madrid/en/faq).

Sources

  • WIPO, Madrid System overview: https://www.wipo.int/madrid/en/
  • WIPO, Madrid Agreement and Protocol, status of contracting parties: https://www.wipo.int/documents/d/treaties/docs-en-madrid_marks.pdf
  • WIPO, Madrid Protocol text (WIPO Lex): https://www.wipo.int/wipolex/en/text/283484
  • WIPO, Madrid System FAQ: https://www.wipo.int/madrid/en/faq/