Cost of Madrid Protocol Application

The Madrid Protocol can be a cost-effective way for trademark owners to obtain international registration through a centralized system, especially if registration is sought in several countries. What if an owner of a foreign trademark application wants to register in the U.S. alone? Will the Madrid Protocol provide non-U.S. companies with a less expensive option for U.S. registration than a conventional priority (Paris Convention) filing?

The answer depends upon the U.S. attorney’s fees for the national filing. Suppose a company based in South Korea seeks to register a trademark in the U.S. containing a single class of goods/services and claiming priority to their South Korean application. As of the date of this post, filing through the Madrid Protocol for registration in the U.S. would cost approximately USD $1,020. Filing a conventional priority national application directly through a flat fee U.S. IP firm such as Innovation Capital Law Group would cost $975.

Costs of future delays and Office Action responses

Furthermore, potential delays and future costs may be avoided by having the U.S. associate modify the identification of goods and services to conform to U.S. practice. Avoiding an Office Action and costs associated with reporting and responding can provide even more significant savings.

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Vic Lin

Vic Lin

Startup Patent Attorney | IP Lead Partner at Innovation Capital Law Group
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