The Madrid Protocol gives trade mark owners the possibility of having their trade marks protected in several countries by simply filing one application directly with their own national or regional trade mark office.
For further information regarding the Madrid Protocol, please visit our Strategy section and click on the ‘Develop’ tab.
The International Bureau does not examine whether the mark as such qualifies for protection, or whether an identical or similar mark has already been registered; that is a matter for the offices of the designated countries.
If the holder of the international registration is not domiciled in the EEA ( European Economic Area), he or she will be requested to appoint an EEA representative. If no representative is appointed, the refusal will be confirmed to the extent identified in the provisional refusal.
For further information, see the Guidelines, Part M, International Marks.
If there is any ground for refusal, the EUIPO must send a notice of provisional refusal to WIPO within 6 months of the republication. If the provisional refusal concerned only part of the goods and services, and the holder does not deal with it, only those goods and services will be refused and the remaining goods and services will be accepted.
The EUIPO has 18 months to inform WIPO of all possible grounds for refusal of the EU designation. The 18‑month period starts on the day on which the EUIPO is notified of the designation. If an objection is not overcome, a final decision is sent to the holder. The final decision may be appealed before the Boards of Appeal. Once the appeal procedure has been exhausted and the decision is final, a refusal notification is sent to WIPO.
If there are no grounds for refusal the Office will issue an interim status to WIPO. This statement will be transmitted to the holder, published in the International Gazette and entered in the International Register.
The seniority examination is based only on the documents that are provided by the applicant. Seniority of a prior registration can be claimed using a separate official form (MM17) to be annexed to the international registration.
Oppositions filed prior to this period will be deemed to have been filed on the first day of the opposition period.
If an opposition is filed, the EUIPO will verify its admissibility and then notify WIPO with a provisional refusal based on the opposition proceedings. If the opposition is successful the Office will inform WIPO of the refusal of the international registration.
- a national trade mark application for EU Member States;
- a designation of a Member State party to the Madrid Protocol (so-called ‘opting back’).
Alternatively, you can use one of the two following forms.
- The WIPO MM2 form in English, French or Spanish (available on the WIPO website), or
- The EUIPO EM2 form in one of the 23 official languages used at the EUIPO, available in two different versions. The first version of the EUIPO form is for applications made in one of the three languages of the Madrid Protocol (English, French or Spanish). The second is for applications made in the 20 other languages (both versions of this form are available on the EUIPO website).
Further information on fees and payments.
Further information concerning representatives can be found in the Guidelines, Part A, General Rules, Section 5, Professional Representation.
If the international application is made in an official language of the European Union that is not a language of the Protocol, a Madrid Protocol language must be indicated (English, French or Spanish) which will be the language of the international application. If translations of the goods and services are not provided by the applicant, he or she must authorise the EUIPO to provide them.
The EUIPO verifies the content and completeness of the international application (in particular, the trade marks, the owner and the scope of the list of goods and services).
The international application is then forwarded electronically to the International Bureau of WIPO.
Further information concerning representatives can be found in the Guidelines, Part M, International Marks.
The application form must be submitted together with an additional page containing the list of goods/services that are to remain in the initial international registration (IR).
The application form must be filed via official means of communication, either online (via eComm), by fax or by post / special courier. To file your division application online, please log in to your User Area, go to eSearch plus, enter your IR number and under ‘Actions and communications’ select the option ‘send communication’.
Please read our guidelines on means of communication and Decision No. EX‑17‑4 of the Executive Director of the Office of 16/08/2017 concerning communication by electronic means.
The division application process entails the following steps:
- the user presents the request to the Office by submitting Form MM22 in the language of the international registration;
- EUIPO examines the request and transmits it to WIPO (if it is admissible under our regulation);
- if the request complies with the requirements of Rule 27bis of the Common Regulations under the Madrid Agreement and Protocol, including the payment of the international fee, WIPO records the division and creates the divisional international registration in the International Register;
- WIPO then notifies EUIPO which creates the divisional application in its database.
The questions and answers provided on this page serve a purely informative purpose and are not a legal point of reference. Please consult the European Union Trade mark and Community Design Regulations or Trade mark / Design Guidelines for further details.
For more information about how the Office handles your personal data, please consult the Data protection notice.