.png)
One of the most often questions we receive from clients is, "How can I register my trademark globally?"
Contrary to common assumption, there is no single method for registering your trademark in every country on the planet. Each country is autonomous in its own right and must file its trademark application. So, regardless of how you apply for your trademark on a global scale, each country will assess your application and either authorize or deny it based on their local register. The only exceptions to this rule are "European Trademark," Benelux Trademark, or African Trademark (through ARIPO).
There are three ways to file for your trademark to be registered globally. One method is to use the Madrid Protocol, and the other is to hire a local counsel in each particular country where you want rights and have that local attorney apply on your behalf.
The Madrid Protocol is a technique developed by many different governments to make international trademark applications easier. Rather than needing to pay a local attorney in each country to file a trademark application, the Madrid Protocol allows a standard application to be filled out and sent to any country that is a signatory of the treaty. Its a good way to cover the whole globe. But cost can be staggering. Is it right for you?
Under the Madrid Protocol, a business owner may file one application with the World Intellectual Property Organization (“WIPO”), selecting each country where trademark protection is desired. WIPO forwards the filing to those nations for individual review. If any country refuses protection, a local lawyer must be hired to address the objection. One major benefit of the Protocol is avoiding the need to retain separate attorneys for each filing, which can greatly reduce costs. Still, it is not a universal shortcut to global rights—many jurisdictions issue initial refusals requiring local counsel to respond. A notable drawback is that every foreign application depends on a home-country filing or registration. If the IPOPHL rejects your Philippines application (when the Phils is your home base), all linked foreign filings are automatically void. Therefore, the outcome of your Madrid Protocol filings is tightly tied to the approval and upkeep of your Philippines trademark.
Some jurisdictions offer groups of countries, this can be a great option for those that are seeking better value. Not every region offers this, but for example EUIPO covers the entire EU. ARIPO covers much of Africa. There is not yet an ASEAN nor NAFATA trademark, maybe that will come soon? It sure would simplify things...
Because of the link between your “home country” trademark application and your Madrid Protocol filings, it is sometimes more strategic to work directly with local counsel in each jurisdiction—including the Philippines—to file separate national applications. By doing so, you avoid having your foreign applications tied to the fate of your home country filing.
For example, if a clearance search in the Philippines suggests potential risk for a IPOPHL application, using that same IPOPHL application as the Madrid Protocol “basic mark” could jeopardize all related international designations if the Philippines filing fails within the dependency period. Instead, we may advise filing directly in the other target countries with the help of local trademark agents. Although this may involve slightly higher upfront costs, it ensures that each application stands independently, assessed under local law, and unaffected by events in your home country. In the Philippines, trademark applications are filed with the Intellectual Property Office of the Philippines (IPOPHL) either online via eTMFile or, in rare exceptional circumstances, in paper form. Applications can be multi-class, and foreign applicants are required by law to appoint a resident agent. If you go the direct filing route in the Philippines, you also have flexibility to structure your application to meet local examination standards and avoid potential Madrid Protocol central attack risks. Hiring experienced counsel—such as Brealant, Federis, or Hechanova—means you benefit from established networks of trusted associates in other countries as well. This is especially valuable if you plan to roll out your brand across ASEAN, where examination guidelines differ slightly despite harmonization efforts under the ASEAN Common Guidelines.
There is no single global trademark registration system (except for regional blocks like the EUIPO system in Europe). For the Philippines, whether you use Madrid or direct filing, you must still meet IPOPHL requirements, such as submitting a Declaration of Actual Use (DAU) at prescribed intervals to maintain your rights, and ensuring your mark is distinctive under local law. This can be accomplished in two ways. One is through the Madrid Protocol, and the other is through filing with local counsel in each country. Please contact us if you have any further queries concerning your trademark or your circumstance.