Chapter 3: The Madrid Agreement and the Madrid Protocol: Differences in Application

The Madrid System is built on two parallel treaties: the 1891 Madrid Agreement and the 1989 Madrid Protocol. Applicants don't need to memorize the treaty texts, but must understand two key issues:Which treaty applies to my application? What are the practical implications of the differences between the two treaties?

Applicable Rule: See which movie each user joined.

The Madrid System operates on the "Common Treaty" principle: only treaties jointly ratified by both the applicant and the designated contracting party apply. Since the Protocol offers more flexible rules and covers a broader membership, most international applications today follow the Protocol track. Algeria was the last member to join solely under the Agreement but also acceded to the Protocol on 2015 10 31, marking the end of pure Agreement-only membership.

Four Key Differences

First,Different basic rightsThe agreement requires the use of the trademark from the country of origin.Registeras a basis; the Protocol relaxes the trademarkApplyOnce submitted, the receipt of acceptance triggers the international application. For businesses, this means they can launch their global expansion without waiting for domestic registration approval—simply file domestically to quickly initiate overseas procedures and seize the time window.

Secondly,Review periods vary.The agreement sets the substantive examination period at 12 months for each contracting party. The Protocol defaults to 12 months but allows parties to declare an extension up to 18 months. In practice, major markets including the United States, EU, UK, Japan, South Korea, Australia, Singapore, and India have all declared 18 months. When creating a timeline, applicants should conservatively plan for 18 months.

Thirdly,Different pricing structuresProtocol IntroductionSeparate FeesThe system allows contracting parties to set their own fees. Currently, most major markets charge separate official fees with significant variation—for example, 1420 CHF per class in the UAE (one of the highest in the system) versus only 93 CHF per class in India. This disparity directly impacts budget planning for multi-country filings.

Fourth,Different working languagesThe agreement period was primarily in French. Under the PCT, international applications can be filed in English, French, or Spanish. English has become the dominant language in practice, significantly reducing document preparation costs for Chinese enterprises.

Practical implications for corporate decision-making

For Chinese applicants, these differences translate into three specific operational judgments.

First,Started earlierChina is a member of both the Agreement and the Protocol. Applicants can immediately initiate the Madrid procedure upon filing their domestic trademark application (filing receipt is sufficient), without waiting for registration.

Second,Budgets require precise calculationSince designated markets almost always charge separate fees, the total cost is not simply "base fee plus a small surcharge." Instead, you must add up each country's specific fees. The WIPO website provides a fee calculator; be sure to calculate your costs before submitting.

Third,Term expectations should be stratified.Requests for 12-month and 18-month member priority examination can differ by up to six months. In markets with tight product launch schedules, prioritize evaluating their examination timelines.

One system, no need to choose between two.

The relationship between the Agreement and the Protocol is additive, not substitutive. The International Bureau, Regulations, and Notice system are fully shared; applicants interact with a single window and one set of forms. Differences between the two treaties are embedded in backend rules and automatically matched by the system. Companies need only understand these four key distinctions to ensure their timelines and budgets are accurate.

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Disclaimer: This article is for general industry education and does not constitute legal advice for specific cases. For case-specific guidance, please consult a qualified trademark agent.

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