Is it possible to register trademarks globally through the Madrid System?

Unfortunately, there is no such thing as a global trademark. Trademark registration is only valid in countries where an application has been filed and accepted. As a result, it is strongly recommended to register the trademark in markets where you currently sell or wish to sell your products and services in the future.

A trademark application can either be filed directly in a country of interest or via the World Intellectual Property Organization (WIPO), where you can file one international application to achieve registration in all member countries using the Madrid System. To be able to file your application through WIPO, you will need to state your office of origin, which, in other words, means you need to have an application pending in one of the countries using the System. If your office of origin is not listed, the chosen country is not a participating member. Therefore, the international protection of your mark can only be obtained by applying for its registration with the IP office of each country or region in which you seek protection.

The pending application must be filed directly through the IP Office in the selected country, and the international filing process is then based on this registration. The same applies to the countries you would like to trademark using WIPO's services. The country you wish to gain protection for must be using the System. If it's not, the registration cannot be done via WIPO but via the concrete IP office responsible for the respective country.

While WIPO expands the potential reach of individual trademark applicants, the level of brand protection gained through trademark registration is only extended to the specific countries chosen during the registration process. Furthermore, several countries still fall outside of the Madrid System; hence, truly global protection for a trademark cannot be achieved via WIPO alone. An example can be made of Latin America, for which direct applications in individual countries are needed.