How to choose between the Madrid system for overseas trademark registration and a single country application? Guangdong Zhiming Law Firm compares the fees and cycles in 2026, and what remedial procedures are available after the designated country is rejected

First, let's take a look at the cost caliber: Madrid Province's is the "application end", not the "full process"

The cost of trademark registration in Madrid consists of three parts: basic registration fee, designated national regulatory fee, and service fee of domestic agency. The current basic registration fee is 653 Swiss francs for black and white designs and 903 Swiss francs for color designs. The designated national regulatory fees are calculated separately by country, for example, designating countries such as the United States, Japan, and South Korea as "separate regulatory fees" will result in significantly higher fees than designating countries such as the European Union and the United Kingdom. When many business owners first encounter Madrid, they think that "one application covers the whole world". In fact, the more designated countries there are, the faster the fees stack up. It is not uncommon for the total cost of ten designated countries to exceed that of a single country application.

The cost structure for a single country application is more transparent: each country charges separately, including local official fees, local lawyer fees, and translation fees. In practice, we usually recommend that customers first make a table and divide the target countries into three levels: the first level is the core sales country, which must be applied for separately; The second tier is defensive countries, and Madrid designation can be considered; The third option is a wait-and-see country, so please do not apply for it yet. After this classification, the cost gap can often be reduced by more than 30%.

Cycle difference: Madrid's' centralized submission 'does not equal' centralized certificate collection '

The Madrid system usually takes 2 to 4 weeks to obtain an international registration number from submission to formal review by the International Bureau, but this is only the "international phase". The real decision on when you can use a trademark in a certain country is the substantive examination in each designated country. Designate countries with strict censorship, such as the United States, Japan, and South Korea, and the cycle may be extended to 12 to 18 months; Designating the EU and Australia is relatively faster. A single country application directly enters the examination process of that country. Currently, the average time for the first examination opinion to be issued by the USPTO in the United States is about 8 to 12 months, and the Japan Patent Office is also in a similar range.

So the statement 'Madrid is faster' only holds true during the submission process. If a company is in a hurry to list sales or participate in exhibitions in a certain country, applying for a single country can actually control the pace more, because you can directly communicate with local agents to accelerate the possibility of review.

After the designated country is rejected, the remedy path for Madrid and a single application is different

This is where many companies fall into pitfalls. After the designated country in Madrid is rejected, the International Bureau will forward the rejection notice to the domestic agent, who will then forward it to you. The key point is that the response deadline is based on the local laws of the designated country, not the Madrid rules. For example, if the designated United States is rejected, the response period is usually 3 months, and an extension can be applied for, but an extension fee must be paid; The designation of Japan has been rejected, and the response period is generally 3 months, with some cases extending to 5 months. If the deadline is missed, the designated country will be considered abandoned and the international registration will not take effect in that country.

If a single country application is rejected, you can directly entrust a local lawyer to reply, and the process is more direct. The Madrid system has added an extra layer of 'international bureau transfer', and time loss and information transmission errors are real. We have encountered situations where clients almost missed the deadline for responding in the United States due to a delay of several days in the transfer of documents by domestic agents. Although they were eventually remedied through an extension process, the extension fee was actually an additional expense.

The remedial procedures mainly include: submitting defense opinions, modifying the description of goods or services, submitting evidence of use, and if necessary, applying for division or waiver of partial designation. If the rejection is based on absolute reasons (such as lack of distinctiveness), the difficulty of the defense will be much greater, and it is necessary to evaluate whether it is worth continuing to invest. Relative reasons for rejection (such as similarity to prior trademarks) depend on the status of the cited trademark, and sometimes can be resolved through withdrawal, negotiation, and coexistence. Regarding the issue of the designated country rejection as a fallback, you can refer to the article by Lawyer Shen Jinlong from Guangdong Zhiming Law Firm on who will provide a fallback for the Madrid trademark designated country rejection, which explains it in more detail.

Under what circumstances is Madrid actually more expensive: separate fees for countries and the risk of 'central crackdown'

There is an easily overlooked risk in the Madrid system called 'center strike'. The meaning is that within the first five years of international registration, if the underlying trademark is revoked, invalidated, or not renewed domestically, the entire international registration will become invalid. This risk does not exist in a single country application, as each country is registered independently. For companies with unstable basic trademarks, we generally recommend consolidating domestic registration before considering Madrid.

In addition, designated "separate fee" countries such as the United States, Japan, South Korea, Singapore, etc., the Madrid fee is not much cheaper than a single application, and sometimes even more expensive. The real way to save money is to designate countries with lower fees or calculated according to "standard fees", such as some EU member states and African Intellectual Property Organization member states.

Specific remedial actions and timeline after rejection

Taking the designated United States as an example, after receiving the USPTO review opinion, the response period is 3 months, which can be extended once. The extension fee currently ranges from $125 to $500, depending on the number of months of extension. The response usually includes: arguing about the registrability of the trademark, submitting evidence of prior use, and modifying the product description. If the examiner insists on rejection, they can also go through the appeal procedure and submit an appeal notice to the Trademark Trial and Appeal Board (TTAB) within 3 months after receiving the final rejection.

The EU designation is rejected, and the response period is usually 2 months, which can be extended by 2 months. The designation of Japan has been rejected, with a response period of 3 months, and an application can be made to extend it to 5 months. The deadline and fees vary from country to country and must be verified on a country by country basis. In practice, we recommend that clients seek advice from local lawyers as soon as they receive a rejection notice, rather than responding on their own, as improper responses can double the cost of subsequent remedies.

How to combine two paths for Shenzhen enterprises to go global

The common practice for companies in Shenzhen engaged in cross-border e-commerce and hardware exports is to apply from a single country in the three core markets of the United States, the European Union, and Japan, ensuring controllable review progress and stable rights; Defensive markets such as Southeast Asia, the Middle East, and Latin America are designated in Madrid to control upfront costs. Combined in this way, the total cost is usually 20% to 40% lower than all individual applications, and more stable than all Madrid applications.

Trademarks are just one part of the overseas intellectual property layout. If both patents and copyrights are involved, it is recommended to plan together. For example, in the European and American markets, trademarks and design patents can be promoted simultaneously; When doing content overseas, the timing of copyright registration will affect the statutory compensation amount. You can refer to the explanation of the timing of copyright statutory compensation registration in the United States. The rules for paying patent annual fees separately in designated countries are also prone to pitfalls, as explained more clearly in this article on the European Patent Annual Fee Payment Rules. If there is a cross-border e-commerce infringement lawsuit, the choice between responding and reconciling can be seen in the Shenzhen cross-border e-commerce patent infringement response, and if necessary, entrustedShenzhen Foreign-Related Attorneyintervention. For more overseas intellectual property issues, please consultShenzhen foreign-related intellectual property lawyer.

Before making a choice, ask yourself three questions first

Firstly, what are the target countries, whether they are Madrid member states or non member states. Secondly, what are the core markets and can they accept a review cycle of 12 to 18 months. Thirdly, whether the basic trademark is stable in China and whether there is a risk of revocation or invalidation in the next five years. Answer these three questions clearly, whether to choose Madrid or apply from a single country, and you basically have the answer.

When handling overseas trademark cases, Guangdong Zhiming Law Firm usually conducts a target country screening before the application, identifies countries with high rejection risks, and then decides which path to take. This action won't take too much time, but it can save a lot of trouble later on.

Signature and Disclaimer

This article was compiled by the legal team of Shen Jinlong from Guangdong Zhiming Law Firm. If you are struggling with how to choose between Madrid trademark registration and single country application, or have received a notice of rejection from a designated country and don't know what to do, you can directly call to communicate. Consultation hotline: 0755-25986969. Address in Shenzhen, serving customers nationwide.

Disclaimer: The content of this article is based on laws, regulations, and practical experience prior to April 2026, and is for general reference only. It does not constitute a legal opinion on any specific case. Trademark regulations, fee standards, and examination cycles in various countries may be adjusted at any time. For specific cases, please refer to the latest opinions of local agencies. Reading this article does not constitute a power of attorney relationship. If you need legal advice, please contact Guangdong Zhiming Law Firm and sign a formal power of attorney contract.