Madrid system or national trademark filing — which to pick
When one WIPO application beats five national ones, and when it doesn't. Cost math, timelines, and the central attack risk every brand owner should know.
A Tashkent cosmetics manufacturer filed five separate national trademark applications — in Russia, Kazakhstan, Kyrgyzstan, Tajikistan, and Turkey. A year later the brand learned the Russian mark had already been registered by a competitor, the Turkish examiner was issuing a provisional refusal for similarity with a local mark, and roughly 12,000 USD had gone into state fees and local agents. A single Madrid application through WIPO covering the same five countries would have cost about 2,200 USD and would have run entirely through the IP Center — no separate agent in each country, no visits at all: filing and payment go through the electronic portal. This post is about when the international route actually wins, when it loses to direct national filings, and why.
What the Madrid system actually is — without the marketing gloss
The Madrid system is not "a global trademark." No such thing exists. It is a procedural overlay on top of national trademark offices: the applicant files one application through WIPO in Geneva, names a list of countries (the "designated states"), and gets a separate national decision in each. WIPO issues no rights — it only centralises filing, payments, and renewals.
Uzbekistan joined the Madrid Protocol on 27 December 2006. Since then the IP Center has acted both as office of origin (when an Uzbek applicant files an international application outward) and as office of a designated state (when a foreign applicant designates Uzbekistan in their international application). The two roles barely overlap procedurally.
To file an international application through Uzbekistan, the applicant must have a base application or base registration at the IP Center. Without one, you cannot file at WIPO — Madrid does not work "from scratch."
Real cost: national or international
Take a typical case. A Tashkent brand, one NICE class, protection needed in five CIS countries (Russia, Kazakhstan, Kyrgyzstan, Tajikistan, Belarus). We count only state fees and basic agent work — no oppositions, no accelerated examination, no multi-class surcharges.
| Cost item | 5 national filings | One Madrid application (5 countries) |
|---|---|---|
| Base registration in Uzbekistan | — | ≈ 5,000,000 UZS |
| WIPO basic fee (B&W mark) | — | 653 CHF (≈ 730 USD) |
| Individual fees for designated states | 1,000–1,500 USD × 5 = 5,000–7,500 USD | 200–350 CHF × 5 ≈ 1,200–2,000 USD |
| Local agent fees (filing) | 800–1,500 USD × 5 = 4,000–7,500 USD | 0 |
| Office-action defence fees | paid only if refusals arise | paid only if refusals arise |
| Total filing | ≈ 9,000–15,000 USD | ≈ 2,400–3,200 USD + Uzbek base filing |
A three-to-five-fold difference. And renewals are simpler: one filing at WIPO with one fee every ten years instead of five separate renewals in five jurisdictions.
Where Madrid loses — and loses badly
Cost and convenience do not make the international route the right choice every time. Three scenarios where national filing wins even on price.
When you only need one, maybe two countries
The WIPO basic fee of 653 CHF amortises across designated states. For a single country, Madrid is often more expensive than filing directly. Example: if a brand only needs Turkey, a national application through a Turkish agent runs about 600–900 USD; the Madrid route runs about 1,200 USD on top of the Uzbek base registration. Madrid breaks even somewhere between three and four designated states.
When the destination office is hostile to international filings
Brazil, India, and China have historically run tight examination on Madrid filings and frequently issue provisional refusals. Responding to refusals is not consolidated by WIPO — you still need a local agent in each country. In those jurisdictions the Madrid savings often get eaten by the cost of fighting refusals. If those markets matter strategically, sometimes it is cheaper to file nationally from day one and skip the "double" work.
When the base application in Uzbekistan is shaky
This is the central one. Madrid has a central-attack mechanism: for the first five years the international registration depends on the base registration. If the Uzbek base application is withdrawn, refused, cancelled, or simply lapses, all foreign registrations stemming from it fall at the same time. A competitor opposes the base mark in Uzbekistan, the opposition succeeds, and the brand simultaneously loses protection in Russia, Kazakhstan, and three other countries paid for through Madrid.
If the base application is contested (similar marks already on the register, descriptiveness issues, conflicts under the absolute or relative grounds in Articles 10–11 of the Uzbek Trademark Law), Madrid becomes a time bomb. In those cases the safer path is to get the base registration fully stable first and only then expand through WIPO. Or file nationally, where each country is an independent decision.
Central attack: what it is and how to insulate against it
Central attack is what happens when any successful challenge to the base mark in the country of origin automatically takes down the entire international registration during the first five years from the WIPO registration date. Attacks come in several flavours: opposition during examination, cancellation suit against a registered mark, revocation for non-use.
After a successful central attack the owner has three months to "transform" — convert each Madrid designation into a national application in countries where the international registration had been granted. Transformation preserves the priority date but loses the Madrid savings: each country pays separately, plus a transformation fee.
After five years the international registration becomes independent. Central attack no longer applies. So the cardinal rule has two halves: do not file through Madrid until the base application has cleared examination and been registered. Registration eliminates the most common central-attack scenario — refusal during examination. But the other two attack routes — cancellation suits and non-use revocation — stay open for the full five years, and what insulates against them is not registration itself but real commercial use of the mark. The disciplined sequence: file at Madrid when the base is registered and already in genuine use in the market.
How an Uzbek applicant files through Madrid
The procedure from the applicant's viewpoint:
- Base application at the IP Center. Standard filing — request form, mark image, NICE classification of goods and services. State fee around 1,200,000 UZS for one class. International filing can be submitted simultaneously with the base, but not before it.
- Form MM2 at the IP Center. The IP Center acts as office of origin: it verifies that the international application matches the base (same mark, same applicant, goods list not broader than the base) and forwards it to WIPO. The official window is two months; in practice three to four weeks. The IP Center charges its own fee for the transmittal — roughly 500,000 UZS.
- Payment to WIPO. WIPO fees go directly to Geneva via a Swiss-franc account. Payment can be made through the IP Center or by direct transfer — both work.
- Registration in the International Register. WIPO checks formalities and publishes the mark in the Gazette within 2–4 weeks. The clock for examination in designated states starts from that date.
- Decisions from designated offices. Each office has 12 months (18 for most Protocol members) to respond. Silence equals tacit acceptance — the registration is treated as granted. Refusals must be reasoned.
For the first step, see our step-by-step guide to trademark registration in Uzbekistan. Without the base filing Madrid does not start.
Details that save money
- Goods list. The international application's list cannot be broader than the base. If the base names classes 3 and 5 and the international application wants class 21 too, the base must be expanded first. So a base application aimed at international expansion should include classes with headroom — better to over-include now than to amend later.
- Black-and-white mark instead of colour. A colour mark at Madrid costs 903 CHF basic fee against 653 CHF for B&W. In Uzbekistan and most Madrid members a B&W registration protects the mark in any colour scheme. Difference: 250 CHF, almost always in favour of B&W.
- Phased designations. Not every country needs to be designated in the first filing. File in three countries, add five more six months later through a subsequent designation. The fee is the same, but paid as expansion happens, not upfront.
Key takeaways
- Madrid is a filing procedure, not a "global trademark." Each country issues its own decision.
- An Uzbek applicant must hold a base application or registration at the IP Center before filing at WIPO.
- Madrid breaks even at three to four countries. Fewer than that — national filings are often cheaper.
- For the first five years the international registration depends on the base. Central attack takes everything down at once.
- If the base is contested, Madrid is dangerous. Stabilise it first.
- A B&W mark instead of colour saves 250 CHF on the basic fee and almost never loses protection.
FAQ
Can I file at Madrid without a base application in Uzbekistan? No. It is a structural Protocol requirement. The applicant must have either a live registration or a pending application in the country of origin. The IP Center is the only office through which an Uzbek applicant can file an MM2.
What happens if the Uzbek base application is refused? If the refusal happens within the first five years of WIPO registration, the international registration falls in every designated country. The owner has 3 months to transform designations into national applications — each country separately, with separate fees.
How soon after the base filing can I file at Madrid? Formally — immediately. In practice the IP Center will not forward an MM2 until it has assigned the base application an official number (1–2 weeks after filing). So the realistic minimum is two weeks.
What should I pick for a single country — national or Madrid? Almost always national. The WIPO basic fee of 653 CHF does not amortise across one country. Exception: if an international registration already exists, adding a single country through a subsequent designation is cheaper than a new national filing.
Can I remove a country from an international registration? Yes, through partial cancellation. Useful when a business exits a market and does not want to pay renewals where the mark is no longer used. The cancellation fee is nominal.
How do I renew an international registration? One filing at WIPO every ten years. Fees mirror the original filing: basic fee plus individual fees for each country. No separate renewals at national offices.
What is the patent equivalent — Madrid or PCT? Two different systems for two different objects. Madrid is for trademarks. PCT (Patent Cooperation Treaty) is for inventions and utility models. Uzbekistan is a member of both; procedures are similar in spirit but they are different worlds.
If a brand operates only in Uzbekistan, a national registration is enough. The moment the business plans entry into three or more foreign markets, Madrid saves tens of thousands of dollars and hours of agent correspondence. The catch — never file at WIPO with a wobbly base application: a central attack costs more than the entire first-filing savings.