September 3, 2026

Hello Reader,

The filing route for many U.S. businesses seeking international trademark protection is changing.

Beginning October 1, 2026, WIPO’s Madrid e-Filing system will become the single place to file a new international trademark application based on a U.S. application or registration.

During the transition period from July 31 through September 30, applicants can use either Madrid e-Filing or the existing TEASi system.

After September 30, new outbound Madrid applications from the United States will begin in Madrid e-Filing.

This is a filing-system change.

But it is also a useful reminder to ask a larger question:

When should a U.S. business consider international trademark protection?

Trademark rights are territorial.

A United States registration does not automatically create trademark rights in Canada, Mexico, the European Union, the United Kingdom, China, Japan, or other markets.

If the business is selling abroad, manufacturing abroad, licensing abroad, using international distributors, or preparing to enter another country, a U.S.-only portfolio may not match the company’s actual risk.

There are generally two ways to approach foreign filings.

One is to file directly with the trademark office in each country or region.

The other is to use the Madrid System to request protection in selected member jurisdictions through one international application.

The Madrid System can make filing and portfolio administration more centralized.

But it does not create one worldwide trademark that is automatically enforceable everywhere.

Each designated jurisdiction applies its own trademark law.

Each office can examine the application.

Each office can issue a refusal.

Protection may be granted in one jurisdiction and refused in another.

That means the filing route should follow the business strategy.

Madrid may be efficient when the owner wants protection in several member jurisdictions and the international filing can properly rest on the U.S. application or registration.

Direct national or regional filings may make more sense in other situations.

The right choice can depend on:

Where the company is already selling.

Where it expects to sell next.

Where products are manufactured.

Where distributors or licensees operate.

Where copying or trademark squatting is a realistic concern.

Whether the target jurisdictions participate in the Madrid System.

How stable the U.S. application and identification of goods or services are.

And how many countries the business actually needs.

Timing also matters.

Some international filings may claim priority from an earlier U.S. application when the foreign filing is made within the applicable six-month period.

Missing that period does not always prevent a later filing.

But it may mean losing the benefit of the earlier priority date.

That is why international planning should happen before the foreign launch—not after a distributor, competitor, or unrelated third party files first.

The October 1 transition does not create a new deadline for every trademark owner.

There is no reason to file internationally merely because the filing system is changing.

But a business with real foreign activity or expansion plans should understand the new process and review its filing timeline now.

Ask:

Which countries actually matter to the business?

Is there a current U.S. application or registration that can serve as the basic mark?

Is a priority deadline approaching?

Would Madrid or direct national filings provide the better structure?

Do the goods and services in the U.S. record support the protection the business needs abroad?

International protection should not be a list of countries chosen at random.

It should reflect where the brand creates value and where that value is exposed.

If your business is selling, manufacturing, licensing, or preparing to expand outside the United States, reply with INTERNATIONAL. Our team can send you the appropriate paid strategy and filing options.

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. The filing portal is changing October 1. The more important question remains the same: where does your business actually need trademark protection?