Differences Between National and International Trademark Filing

Trademark rights are territorial: registering a mark in one country does not automatically confer protection elsewhere, so there is no worldwide trademark. Protection is obtained by filing with the relevant national or regional IP office and paying the required fees. Businesses expanding across borders must decide whether to file separate national or regional applications or use WIPO’s Madrid System to file one international application designating multiple member countries.

National (or Regional) Trademark Filing

A national filing involves submitting a trademark application directly to each country’s IP office. In some regions a single application can cover all member states – for example, the EU trademark (EUTM). Outside such systems, protection must be sought country by country. National registrations are autonomous: refusal or cancellation in one country does not affect rights in others, and applicants can often describe goods and services broadly without relying on a home registration.

International Trademark Filing via the Madrid System

The Madrid System allows applicants to seek protection in multiple countries through a single international application. To use it, you must have a connection (nationality, domicile, or establishment) with a Madrid Protocol member and own a basic application or registration for the same mark. The goods and services in the international application cannot exceed those in the basic mark. The application is filed through the Office of origin (e.g., the USPTO or EUIPO), which certifies it and forwards it to WIPO. WIPO records and publishes the registration and notifies each designated office; each office then examines the mark under local law and may refuse it within about a year. Renewals and changes of ownership or address are handled centrally.

Key Differences

• National filings protect the mark only in the filed country or region; regional systems such as the EUTM cover a bloc of countries but nowhere else. The Madrid System allows one filing to designate any Protocol member, though non‑member countries still require direct filings.
• ELIGIBILITY AND GOODS/SERVICES. Anyone may file directly in a foreign country, and many jurisdictions accept broad goods and services descriptions. The Madrid System can only be used by an applicant who has a basic application or registration in a member country. Goods and services in the international application must be identical to or narrower than those in the basic mark.
• PROCEDURE AND COST. Direct filings must comply with local formalities, translations, and attorney requirements; costs increase with each country. A Madrid application uses one language and one set of fees (a basic fee plus designation fees), which reduces translation and filing costs. However, if a designated country issues a refusal, local counsel may still be needed.
• MANAGEMENT AND DEPENDENCY. Each national registration must be renewed and updated separately. Under the Madrid System, renewals and recordals take effect in all designations through a single request. National registrations are independent, while international registrations are dependent on the basic mark for five years; if the basic mark is withdrawn, refused, or not renewed during that period, the entire international registration is cancelled.
• TIMELINE AND SPEED. The time it takes to obtain a registration varies widely across national offices: some countries issue examination reports within a few months, while others can take several years and may involve opposition proceedings. The Madrid System introduces an additional stage because the Office of origin must certify the international application, and each designated office has 12 to 18 months to issue a provisional refusal. As a result, international registrations often take at least a year to mature.

Choosing the Right Route

When deciding how to file, consider these three rules:

RULE 1

NUMBER OF COUNTRIES. When protection is needed in three or more member countries, the Madrid System can reduce costs and paperwork; for one or two, direct filings may be simpler.

RULE 2

SCOPE AND CONVENIENCE. Direct filings permit broader goods and services in many jurisdictions and give independent rights; international applications must mirror the basic mark and depend on it for five years. The Madrid System centralises renewals and recordals.

RULE 3

TIMELINE. Direct filings may yield faster results, whereas Madrid registrations often take at least a year due to WIPO processing and a 12–18 month refusal period.

Summary Table

Aspect	National/Regional Filing	Madrid System
Coverage	Protects only one country/region; some regional systems cover a bloc.	One application can designate member countries; non‑members require direct filings.
Eligibility & Goods	Anyone may file; goods/services can often be broad.	Applicant must have a basic application/registration; goods/services cannot exceed the basic mark.
Procedure & Cost	Separate filings, translations, and local attorneys; costs multiply.	One application with a basic fee plus designation fees; no translation at filing; local counsel needed only if a refusal arises.
Management	Each registration is renewed and updated separately.	Centralised renewals and recordals.
Risk	Independent registrations; no central attack.	Dependent on basic mark for five years; subject to central attack.

Conclusion

There is no single mechanism that grants worldwide trademark protection. Filing separate national or regional applications gives independent rights and flexibility in describing goods and services, but entails multiple filings, translations, and renewals. The Madrid System streamlines filings, reduces initial costs, and centralises portfolio management. Its limits are the need for a basic mark, narrower specifications, and vulnerability to a central attack. Many businesses blend the two approaches: using Madrid for core markets covered by their home registration and filing directly in jurisdictions where broader protection or faster examination is needed.

FAQ

Is there a worldwide trademark registration?

No. A trademark registration only protects the mark in the country or region where it is obtained. The USPTO notes that a U.S. registration protects only within the United States and its territories. International protection requires national filings or the Madrid System.

What is the Madrid System?

It is an international filing mechanism administered by WIPO. An applicant files one application through their home IP office and designates multiple member countries. To use it, the applicant must have a connection with a member state and own a basic application or registration for the mark.

Why choose direct filings?

Direct filings provide independent rights, avoid dependency on a basic mark, and allow broader descriptions of goods and services. They may be faster in jurisdictions with efficient examination.

Why choose the Madrid System?

The Madrid System reduces costs when protection is needed in several member countries, uses one application in one language, and centralises renewals and recordals. It also allows applicants to add countries later through subsequent designations.