When expanding your business internationally, protecting your trademarks is a critical step to ensure brand recognition and legal security. Two key systems for global trademark registration – the Madrid Protocol and the Paris Convention – offer different advantages and processes for achieving international trademark protection.
Understanding the distinctions between these systems is essential for choosing the one that best aligns with your business needs and goals. This blog will provide a detailed comparison to help you make an informed decision.
The Madrid Protocol
The Madrid Protocol is an international treaty that simplifies the process of registering and managing trademarks in multiple countries. It allows trademark owners to protect their trademarks in multiple member countries through a single application, filed in one language, and with one set of fees. It is administered by the World Intellectual Property Organization (WIPO).
Key Features of the Madrid Protocol
- Flexibility: Additional countries can be added to the trademark protection at any time after the initial application, as long as they are members of the Madrid Protocol.
- Global Reach: The Madrid Protocol has 131 member countries as of 2025, covering over 80% of global trade markets. Applicants can choose which member countries they want their trademark to be protected in, and they can add more countries later as their business expands.
- Dependence on Home Registration: The international application must be based on a trademark that is already registered or applied for in the applicant’s home country (the “basic mark”). If the basic mark is canceled within the first 5 years, the international registration will also be canceled.
- Simplified Management: Trademark owners can manage their international registrations centrally through WIPO, including renewals, changes of ownership, or updates to the trademark.
Benefits of the Madrid Protocol
- Streamlined Process: File one application in one language (English, French, or Spanish) and pay one set of fees.
- Time-Saving: Reduces the time and effort required to secure trademark protection in multiple countries.
- Cost-Effective: Avoids the need for separate filings in each country, saving on legal and administrative expenses.
- Global Protection: Provides a pathway to protect trademarks in multiple jurisdictions, making it ideal for businesses expanding internationally.
- Centralised Management: Simplifies the process of maintaining and renewing trademarks across multiple countries.
The Paris Convention
The Paris Convention for the Protection of Industrial Property is an international treaty established in 1883 to provide a framework for the protection of intellectual property (IP) rights across its member countries. It is one of the oldest and most important international agreements in the field of intellectual property, administered by WIPO.
The Paris Convention ensures that individuals and businesses from member countries receive equal treatment and protection for their industrial property rights (such as patents, trademarks, and industrial designs) in all other member countries.
Key Features of the Paris Convention
- National Treatment: The Paris Convention ensures that nationals of 1 member country are treated the same as nationals of another member country when it comes to IP protection. For example, if you file a trademark in a foreign member country, you will receive the same rights and protections as a citizen of that country.
- Right of Priority: One of the most significant features of the Paris Convention is the priority right. If you file an application for a patent, trademark, or industrial design in one member country, you have up to:
- 12 months (for patents and utility models) or
- 6 months (for trademarks and industrial designs) to file in other member countries while retaining the original filing date. This allows applicants to secure their rights in multiple countries without losing priority.
- Independence of Rights: IP rights granted in one member country are independent of those granted in other member countries. For example, the refusal or cancellation of a trademark in one country does not affect its validity in another country.
- Protection Against Unfair Competition: The Paris Convention requires member countries to provide protection against unfair competition, such as false advertising, misleading claims, or unauthorised use of trademarks.
- Broad Scope of Protection: The treaty covers various types of industrial property, including:
- Patents
- Trademarks
- Industrial designs
- Utility models
- Trade names
- Geographical indications
- Protection against unfair competition
Benefits of the Paris Convention
- Global IP Protection: With 181 member countries as of 2025, the Paris Convention provides a near-global framework for protecting industrial property rights.
Simplified International Filing: The priority right allows applicants to file in multiple countries without rushing to file simultaneously, giving them time to assess market potential and resources.
- Equal Treatment: Ensures that foreign applicants are treated the same as local applicants in all member countries, fostering fairness and consistency.
- Encourages Innovation and Trade: By providing robust IP protection, the Paris Convention encourages innovation, investment, and international trade.
- Protection Against Infringement: The treaty ensures that member countries provide legal mechanisms to protect IP rights and address infringement.
What Are the Key Differences?
The table below shows some of the main differences between the two agreements:
| Aspect |
Madrid Protocol |
Paris Convention |
| Purpose |
International trademark registration |
General IP protection framework |
| Scope |
Trademarks only |
Trademarks, patents, designs, etc. |
| Application Process |
Single application for multiple countries |
Separate applications in each country |
| Priority Right |
Not applicable |
Yes (6 months) |
| Cost |
Lower due to centralised filing |
Higher due to separate filings |
| Membership |
131 countries |
181 countries |
| Administration |
WIPO (centralised filing and management) |
WIPO (no centralised filing) |
Register Your Trademark With Ease With InCorp
While our experts recommend the Madrid Protocol for applicants who wish to benefit from a convenient and seamless method, our team can offer valuable advice for you to reach a sound decision. We understand that every business has different needs and we can assist you in navigating the complexities of trademark registration.
With our wealth of experience, we ensure an efficient process to get your brand trademarked. Get peace of mind and
contact our team today to find out more!
FAQs about Trademark Registration for Madrid Protocol or Paris Convention
- Obtaining a global trademark involves protecting your brand in multiple countries, as there is no single "global trademark" that covers the entire world. However, there are systems and strategies that simplify the process of securing trademark protection internationally, such as the Madrid Protocol.
- No, a trademark cannot be "worldwide" in the sense of a single registration that automatically provides protection in every country. However, you can achieve broad international protection by strategically registering your trademark in multiple countries or regions.
- InCorp can assist with your trademark registration by providing expert guidance, assistance, and end-to-end support throughout the process, ensuring your intellectual property is protected effectively and efficiently. Contact our team to find out more!
About the Author
InCorp's content team includes talented copywriters from our regional group and globally. We contribute informative, thought leadership, and market-trending articles to guide aspiring business entrepreneurs to a higher level across the Asia-Pacific region.
More on Business Blogs
