Written by Igor Demcak
Founder & Trademark Attorney
Yes. The main risk is the dependency on the basic mark.
For five years after the international registration date, the international registration depends on the home application or registration remaining valid. If the basic mark is cancelled, refused, or restricted during that five-year period, the international registration can also be cancelled or restricted to the same extent. This is known as "central attack" and is a vulnerability that direct national applications do not carry.
Other considerations: not all countries are Madrid System members, so direct applications are still needed for non-member markets. Some countries with complex examination standards (notably the US) can be more effectively handled through direct national applications with local legal expertise. And the centralized nature of the system means that if the WIPO registration encounters an administrative issue, it can affect multiple country designations simultaneously.
Is it better to register trademarks in more countries at once or could this be done in a staged way?
In which countries should I register the trademark to sell globally?
Should I get a trademark when my business expands to a new country?
Do I need to get a trademark in China if I export my products from there?
If I register a trademark in the US, can I still sell my products in the UK with the US trademark?
Does the cost of trademark registration vary between countries?
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