Registering an international trademark

International trademark registration provides protection in countries that are party to the Madrid Protocol, by means of a single application. Thanks to this international agreement, you can obtain protection in a large number of countries reasonably cheaply and easily. An international trademark should, in fact, be seen as a bundle of national trademarks obtained all at once and at a considerably lower cost than if you were to file applications at each office individually.

Over 110 countries, including large economies such as the US, China, Japan and Europe, are now party to these agreements. You can opt for protection in all participating countries or in a selection of them, and also for the entire EU in one go (see EU trademark via an international application).

Claim priority

If within six months of filing an earlier application, you file an international application, you can claim the priority of your earlier application for the international one. The protection afforded by your international application will then run from the same date as your initial one (the filing date).

How does it work?

International trademarks are registered by WIPO (World Intellectual Property Organization). However, an application for an international trademark must always be based on a basic application, e.g. a Caribbean Netherlands trademark application, and is always handled by the office of origin. If a Caribbean Netherlands trademark application is the basic application, the office of origin is BOIP.

You can file your international application electronically through the Madrid e-Filing of WIPO. To do so, you are required to have a WIPO account. The Madrid e-Filing system guides you through your international application by starting with the import of your basic application. The calculation of fees and payment is also handled through the Madrid e-Filing, which also allows you to communicate with us digitally regarding these applications and possible irregularity notices from WIPO. Once you have submitted your application online, we check whether your international application is in order, and whether it is identical to your Caribbean Netherlands basic registration. You can use the WIPO fee calculator to calculate the cost of an international registration beforehand. More detailed information on the Madrid e-Filing can be found on the website of WIPO.

Why opt for an international trademark?

A downside of an international trademark registration is that it is contingent upon the underlying basic registration for the first five years. If the basic registration expires however, in most cases the international registration can be converted into national applications for the relevant countries.

There is, on the other hand, a considerable upside. If there is an objection to your trademark in a particular country, for instance, if it is refused or opposed there, it only affects your trademark protection in that country.

Another advantage of an international registration is the flexibility it offers. Should you start operating in new markets at a later stage, you can expand your protection to include the relevant countries by means of so-called subsequent designation. All of your international protection will continue to be covered by a single registration. This makes administration of your trademark protection not only simpler, but also cheaper in the long term, since you only need to renew one registration.

The biggest advantage of an international registration is that you can obtain protection in a large number countries relatively cheaply and easily. To obtain international registration, you can also deal with an organisation with which you are already familiar, BOIP. Our Information Centre will be happy to provide you with further information!

Just like a Caribbean Netherlands registration, an international registration is valid for a period of ten years, renewable at the end of each registration period for a further ten-year period.

The renewal can be submitted directly to WIPO via eMadrid.