Applying for a Trademark

MADRID SYSTEM – THE INTERNATIONAL TRADEMARK SYSTEM

Protect and manage your trademarks abroad

The Madrid System is administered by the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland. As of May 2024, the Madrid System has 115 members, which represents 131 countries.

By filing a single application in one language and by paying one set of fees a trademark owner can apply for protection in over 131 countries through MyIPO as Office of Origin. The Madrid System also allows for the renewal, or expansion of global trademark portfolio through one centralized system.

Membership to Madrid System is growing every year. To find out about the current Contracting Parties, please visit the WIPO’s Website . Additional information on the special requirements of Contracting Parties that the applicant intends to designate the international application is available on Madrid Member Profile

One application for mulitiple countries.
One procedure (One form, One language)
One registration
One procedure for renewal or modification
Utilization of subsequent designation.

Entitlement to File

To be entitled to use the Madrid System via Malaysia, applicants must indicate their entitlement to file the international application. Applicants must be:

a citizen of Malaysia;
a body or corporation incorporated or constituted under the law of Malaysia;
a person domiciled in Malaysia; or
a person who has a real and effective industrial or commercial establishment in Malaysia.

Basic Mark

To file an international application, the applicant must have already filed an application for registration or registered a mark in Malaysia. This Malaysia application or registration is referred to as the basic application or registration, or simply the basic mark. The mark that is the basis of an international application is either registered or has been applied for.

The basic mark and the international application must:

have the same owner(s)
be identical mark(s)
have the same or a narrower list of goods and/or services.

An application can be based on a single basic mark or multiple identical basic marks covering different goods and services.

Language of the International Application

The application must be in English.

Essential Information for the International Application

The application must contain:

The applicant’ name and contact details
A reproduction of the mark
The designations of Contracting Parties in which protection is sought
The list of the goods and services for which protection is sought

Any application for an international registration of trademark (MM2 & MP1) must be filed with the international Bureau through MyIPO accompanied by the prescribed fees.

Fees payable in connection with an application for international registration consist of:

Handling Fee Charged by MyIPO –The handling fee is due at the time of filing an international application and has to be paid to MyIPO directly in Ringgit Malaysia (RM200 per application).
Fees to be paid to WIPO directly-The fees for filing an application to obtain an international registration which are:

The basic fee:

653 CHF (black/white reproduction of the mark); or
903 CHF (reproduction of the mark is in colour)

AND

Fees for designated country

A complementary fee 100 CHF per designated country; and
A supplementary fee 100 CHF per class of goods and/or services beyond three classes in the international application.

An individual fee for those designated countries that require it. This fee replaces both complementary and supplementary fees

Payment Methods to WIPO

Fees must be paid in Swiss Francs. Payment of fees must be made directly to the International Bureau (IB) of WIPO.

There are a number of ways that fees can be paid to WIPO:

Direct debit from account opened with WIPO
Bank transfer to the WIPO bank account

Please ensure to indicate the required information to enable the IB to confirm receipt of the payment, such as fee amount, and the basic application or registration number as the payment ID in the space provided.

For payment of fees notified in WIPO irregularity letters or other WIPO communications, payment can be via WIPO’s E-Payment service . These payments may be made by credit card or through a WIPO Current Account. A WIPO reference number is required when using the e-Payment service.

See WIPO’s Fees and Payments information or contact WIPO directly for any questions relating to payments (Contact Madrid Service).

The Madrid Customer Service team can also be contacted on:

Telephone: +41 22 338 86 86
Opening hours: Monday – Friday, 9:00am to 6:00 pm (Geneva time)

Internet: https://www3.wipo.int/contact/en/madrid/

When calculating fees, it is recommended that the applicants use the WIPO’s Online Fee Calculator available on the Madrid System website to estimate the cost of the international application at the following Madrid System Fee Calculator.

In selecting the relevant date in the drop-down menu of the online Fee Calculator, applicants should select a date closest to the date the international application is submitted to MyIPO or else the fees indicated may not be accurate.

CLASSIFICATION OF GOODS AND SERVICES

The applicant is not encouraged to list or claim the entire class heading of each class of goods or services in the application form . Class headings only serve as general indications of the type of goods or services and may not cover all the goods or services in the class. You should itemize the specification of goods or services of your interest in the application.

Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.

More..

Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing and art.

Matters of Proceedings	Form
Matters of Proceedings
Request for expedited examination of a trademark application	TMA4	TMA4

FILING TRADEMARKS MANUALLY

FILING TRADEMARKS VIA ONLINE

APPLICATION FOR PREMIMINARY ADVICE AND SEARCH (PSA) TMA1

MADRID SYSTEM – THE INTERNATIONAL TRADEMARK SYSTEM

Introduction

Benefit

Procedure

Type & Amount of Fees

Fee Calculator

CLASSIFICATION OF GOODS AND SERVICES

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EXPEDITED EXAMINATION

DIVISIONAL

MERGER

TRADEMARKS APPLICATION PROCESS & FLOWCHART

Trademark Application Procedure Flow Chart

Trademark Expedited Examination Flow Chart

Trademark Appeal Flow Chart

Trademark Ex-Parte Hearing Flow Chart