Written by Tomas Orsula
Senior Trademark Attorney
The primary risk specific to WIPO's Madrid System is central attack: for the first five years after the international registration date, the registration depends on the basic mark remaining valid. If the home application or registration is cancelled or restricted within that window, the international registration is vulnerable to the same outcome.
Beyond that, the risks are the same as for any trademark registration in the designated countries: the mark may be refused by a national IP office on examination grounds, or opposed by a third party during the publication period. These risks exist regardless of the filing route and are not amplified by using the Madrid System.
The central attack risk is the one unique to WIPO filings. It can be mitigated by ensuring the basic mark is well-established and robust before filing internationally, and by filing the international application only once the home application has passed examination.
Is it better to register trademarks in more countries at once or could this be done in a staged way?
In which countries should I register the trademark to sell globally?
Should I get a trademark when my business expands to a new country?
Do I need to get a trademark in China if I export my products from there?
If I register a trademark in the US, can I still sell my products in the UK with the US trademark?
Does the cost of trademark registration vary between countries?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
