This is the question we are asked most often in international trademark work. Below is a comparison on the six points that matter most to brand owners.
1. Dependency on the home mark
A Madrid registration depends on the home application or registration for five years. If the home mark is refused, invalidated or cancelled in that period, the international registration falls with it. A direct national filing is an independent right from the day it is filed. Companies whose home application is still under examination should weigh this risk carefully.
2. Goods and services
A Madrid designation carries the specification of the home mark. The United States and Canada require descriptions that are specific about purpose and material, and standard Chinese terms are often objected to. A direct filing lets the local agent draft to local practice, which raises the chance of acceptance at first examination.
3. Cost
For one class in one country, Madrid is usually cheaper, and the saving grows with each additional designation. But if a designation receives a provisional refusal, a local agent still has to be appointed and paid, and the total can end up higher than a direct filing.
4. Timing
Under Madrid, a member office must examine within 12 or 18 months, and protection is deemed granted if no refusal issues. Direct filings vary by country: roughly 12 to 18 months in the United States, 6 to 10 months in Japan, and 4 to 6 months in the European Union when nothing goes wrong.
5. Certificates and later use
A Madrid registration is certified by WIPO; some customs authorities and e-commerce platforms ask for a separate national confirmation. A direct filing produces the national certificate directly.
6. Assignment and licensing
Madrid assignments and changes are recorded centrally, which is convenient for a portfolio managed from one place. A direct national registration can be assigned for one country alone, which suits distributor arrangements and country-specific deals.
Our recommendation
- Four or more target countries and a stable home registration: Madrid.
- Core market in the United States or Canada, or a national certificate needed quickly: direct filing.
- Home application still pending: direct filing, or wait for the home registration and then use Madrid.
- Most companies combine both: direct filings for core markets, Madrid for the rest.
J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association, providing domestic and international trademark registration and Madrid filings. Patent filings are handled through an affiliated patent agency.
