Madrid Protocol trademark application vs. Conventional Priority: Which is less expensive?

How much does a Madrid Protocol trademark application cost?

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 our US IP firm such as would cost $950.

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.

What is the cost of an Office Action response in a Madrid application designating the US?

Cost estimates for responding to a USPTO Office Action in a Madrid Protocol trademark application will vary depending upon the complexity of issues. For a simple response to a non-substantive Office Action, our firm currently charges a flat rate of $295. Such non-substantive may include:

  • amendments to the identification of goods/services;
  • adding a disclaimer;
  • appointing a US-licensed attorney;
  • adding or modifying a description of the mark;
  • clarifying or answering questions regarding the applicant’s entity.

An Office Action containing refusals based on likelihood of confusion or the mark being merely descriptive will require significantly more effort to respond. Accordingly, responses to such substantive refusals will cost more. Email us to request a flat rate estimate for responding to your trademark Office Action.

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