Madrid System Schedule fees

  • Setindiabiz Team
  • April 28, 2023
Madrid System Schedule fees
QUICK SUMMARY ↬ In this blog, we will delve into the details of Trademark Registration Fees under the Madrid Protocol for International Trademark Protection. By exploring the different categories of fees and their implications, we aim to shed light on the financial aspects of registering and maintaining trademarks internationally through the Madrid System.
The Madrid Agreement and the Madrid Protocol play a crucial role in facilitating international trademark registration. However, like any legal framework, there are certain administrative processes and fees associated with the Madrid System. Understanding these fee requirements are essential for individuals and businesses seeking international trademark protection.

Madrid system: Schedule of Fees

Schedule of fees prescribed by the Common Regulations under the Madrid Agreement and the Madrid Protocol (in force on January 1, 2015)
Swiss francs
1. International applications governed exclusively by the Agreement: The following fees shall be payable and shall cover 10 years:
1.1 Basic fee (Article 8(2)(a) of the Agreement)1
1.1.1 where no reproduction of the mark is in color
653
1.1.2 where any reproduction of the mark is in color
903
1.2 Supplementary fee for each class of goods and services beyond three classes (Article 8(2)(b) of the Agreement)
100
1.3 Complementary fee for the designation of each designated Contracting State (Article 8(2)(c) of the Agreement)
100
2. International applications governed exclusively by the Protocol: The following fees shall be payable and shall cover 10 years:
2.1 Basic fee (Article 8(2)(i) of the Protocol)1
2.1.1 where no reproduction of the mark is in color
653
2.1.2 where any reproduction of the mark is in color
903
2.2 Supplementary fee for each class of goods and services beyond three classes (Article 8(2)(ii) of the Protocol), except if only Contracting Parties in respect of which individual fees (see 2.4, below) are payable are designated (see Article 8(7)(a)(i) of the Protocol)
100
2.4 Individual fee for the designation of each designated Contracting Party in respect of which an individual fee (rather than a complementary fee) is payable (see Article 8(7)(a) of the Protocol) except where the designated Contracting Party is a State bound (also) by the Agreement and the Office of origin is the Office of a State bound (also) by the Agreement (in respect of such a Contracting Party, a complementary fee is payable): the amount of the individual fee is fixed by each Contracting Party concerned
100
3. International applications governed by both the Agreement and the Protocol: The following fees shall be payable and shall cover 10 years:
3.1 Basic fee1
3.1.1 where no reproduction of the mark is in color
653
3.1.2 where any reproduction of the mark is in color
903
3.2 Supplementary fee for each class of goods and services beyond three classes
100
3.3 Complementary fee for the designation of each designated Contracting Party in respect of which an individual fee is not payable (see 3.4, below)
100
3.4 Individual fee for the designation of each designated Contracting Party in respect of which an individual fee is payable (see Article 8(7)(a) of the Protocol), except where the designated Contracting Party is a State bound (also) by the Agreement and the Office of origin is the Office of a State bound (also) by the Agreement (in respect of such a Contracting Party, a complementary fee is payable): the amount of the individual fee is fixed by each Contracting Party concerned
4. Irregularities with respect to the classification of goods and services: The following fees shall be payable (Rule 12(1)(b)):
4.1 Where the goods and services are not grouped in classes
77 plus 4 per term in excess of 20
4.2 Where the classification, as appearing in the application, of one or more terms is incorrect provided that, where the total amount due under this item in respect of an international application is less than 150 Swiss francs, no fees shall be payable
20 plus 4 per incorrectly classified term
5. Designation subsequent to international registration: The following fees shall be payable and shall cover the period between the effective date of the designation and the expiry of the then current term of the international registration:
5.1 Basic fee
300
5.2 Complementary fee for each designated Contracting Party indicated in the same request where an individual fee is not payable in respect of such designated Contracting Party (see 5.3, below)
100
5.3 Individual fee for the designation of each designated Contracting Party in respect of which an individual fee (rather than a complementary fee) is payable (see Article 8(7)(a) of the Protocol) except where the designated Contracting Party is a State bound (also) by the Agreement and the Office of the Contracting Party of the holder is the Office of a State bound (also) by the Agreement (in respect of such a Contracting Party, a complementary fee is payable): the amount of the individual fee is fixed by each Contracting Party concerned
6. Renewal: The following fees shall be payable and shall cover 10 years:
6.1 Basic fee
653
6.2 Supplementary fee, except if the renewal is made only for designated Contracting Parties in respect of which individual fees are payable (see 6.4, below)
100
6.3 Complementary fee for each designated Contracting Party in respect of which an individual fee is not payable (see 6.4, below)
100
6.4 Individual fee for the designation of each designated Contracting Party in respect of which an individual fee (rather than a complementary fee) is payable (see Article 8(7)(a) of the Protocol) except where the designated Contracting Party is a State bound (also) by the Agreement and the Office of the Contracting Party of the holder is the Office of a State bound (also) by the Agreement (in respect of such a Contracting Party, a complementary fee is payable): the amount of the individual fee is fixed by each Contracting Party concerned
6.5 Surcharge for the use of the period of grace
50% of the amount of the fee payable under item 6.1
7. Miscellaneous recordings
7.1 Total transfer of an international registration
177
7.2 Partial transfer (for some of the goods and services or for some of the Contracting Parties) of an international registration
177
7.3 Limitation requested by the holder subsequent to international registration, provided that, if the limitation affects more than one Contracting Party, it is the same for all
177
7.4 Change of name and/or address of the holder of one or more international registrations for which recordal of the same change is requested in the same request
150
7.5 Recording of a license in respect of an international registration or amendment of the recording of a license
177
7.6 Request for a continued processing under Rule 5bis(1)
200
8. Information concerning international registrations
8.1 Establishing a certified extract from the International Register consisting of an analysis of the situation of an international registration (detailed certified extract),
up to three pages
155
for each page after the third
10
8.2 Establishing a certified extract from the International Register consisting of a copy of all publications, and of all notifications of refusal, made with respect to an international registration (simple certified extract),
up to three pages
77
for each page after the third
2
8.3 A single attestation or information in writing
for a single international registration
77
for each additional international registration if the same information is requested in the same request
10
8.4 Reprint or photocopy of the publication of an international registration, per page
5
9. Special services: The International Bureau is authorized to collect a fee, whose amount it shall itself fix, for operations to be performed urgently and for services not covered by this Schedule of Fees
For international applications filed by applicants whose country of origin is a Least Developed Country, in accordance with the list established by the United Nations, the basic fee is reduced to 10% of the prescribed amount (rounded to the nearest full figure). In such case, the basic fee will amount to 65 Swiss francs (where no reproduction of the mark is in color) or to 90 Swiss francs (where any reproduction of the mark is in color).

Conclusion

Navigating the Madrid System and its associated fees can be a complex task for trademark applicants and holders. However, a clear understanding of the Madrid registration Fees is crucial to ensure a smooth and cost-effective international trademark registration process. By comprehending the various types of fees prescribed, applicants can make informed decisions and budget effectively for their international trademark protection.
It is advisable to consult legal professionals or trademark experts to gain further clarity and guidance on the Madrid Fees and their implications. Remember, investing in proper trademark protection can safeguard your intellectual property rights and contribute to the long-term success of your brand in the global marketplace.

FAQs

Q1: What is Madrid Registration Fee?

Madrid Registration Fees refer to the fees associated with the international registration of trademarks through the Madrid Agreement and the Madrid Protocol. These fees cover various aspects of the registration process, including the basic application fee, supplementary fees for additional classes, fees for designating specific Contracting Parties, renewal fees, and other miscellaneous fees.

Q2: How is Madrid Registration Fee determined?

The fees prescribed under the Common Regulations of the Madrid Agreement and the Madrid Protocol are determined based on the type of application (governed exclusively by the Agreement, the Protocol, or both), the number of designated Contracting Parties, the number of classes of goods and services, and whether any reproduction of the mark is in color.

Q3: Are the Madrid Fees the same for all countries?

No, the Madrid Fees can vary depending on the individual fees fixed by each Contracting Party. While the Common Regulations provide a general framework for the fees, each country has the flexibility to set its own individual fee amounts for international trademark registrations.

Q4: Do the Madrid Fees cover the entire duration of trademark protection?

Yes, the Madrid Fees cover a period of 10 years from the date of application filing, which is the standard duration for international trademark protection. The initial fees paid at the time of application cover the first 10 years, and additional fees are required for subsequent renewals and designations.

Q5: Are there any fee reductions or exemptions available?

Yes, fee reductions or exemptions may be available in certain cases. For applicants from Least Developed Countries, the basic fee can be reduced to 10% of the prescribed amount. Additionally, some Contracting Parties may offer specific fee reductions or exemptions based on their own national regulations.
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