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Choosing Countries Under the Madrid Protocol: A Strategy by Export Market
The Madrid Protocol opens many countries with one application — but you decide which countries to choose. The wrong choice wastes fees. A country-selection strategy across market, counterfeiting risk, basic-mark dependency and cost.
The Madrid Protocol is the way to seek trademark protection in many countries through WIPO with a single application. But the most critical decision behind "a single application" is not the system itself — it is which countries you choose. Because every chosen country incurs a separate fee, and an unnecessary country is a cost paid but unused. This article treats country selection as a strategic decision.
A single application is not automatic registration
A common misconception is that a Madrid application automatically registers the mark in all chosen countries. The reality: the application is transmitted via WIPO, but each country examines under its own law and may refuse. So Madrid unifies the filing channel; it leaves the registration decision to the country.
The basic-mark requirement and five-year dependency
A Madrid application must be based on a basic mark (application or registration) in Türkiye; the office of origin is TÜRKPATENT. The critical point: the international registration is dependent on the basic mark for the first five years.
- If, within these five years, the basic mark is refused or invalidated, the international registration based on it also falls. This is called a central attack.
- After five years, the international registration becomes independent.
- If a central attack occurs, transformation into national applications is possible under certain conditions.
The upshot: the soundness of your basic mark in Türkiye is the foundation of your international portfolio too.
Country-selection criteria
| Criterion | Question | Priority |
|---|---|---|
| Current market | Where do you already export? | High |
| Target market | Where will you expand next? | High |
| Production/supply | In which country is contract manufacturing or supply? | Medium-high (counterfeiting risk) |
| Counterfeiting risk | Are you in markets where your mark risks being copied? | High |
| Cost | Each country a separate fee — is budget balanced against market value? | Filter |
A practical approach: rather than adding countries "just in case," choose countries that generate revenue or risk. Adding a country where you do not yet trade just because "it might be needed later" is usually a deferrable cost — and if the mark is not used for five years, it is also exposed to cancellation risk there.
"First-to-file" markets
In some markets, the right is granted not to the user but to the first to register. In these markets, someone else may register your mark before you begin exporting — and then "block" your own product in their country in your name. Markets where you produce or sell and where counterfeiting risk is high should therefore be chosen early.
For the EU: Madrid or EUTM?
When it comes to the European Union there are two routes: choosing EU countries one by one via Madrid, or covering all 27 EU countries with a single right via the EUTM. Which is advantageous depends on your portfolio; we covered this comparison with a decision matrix in Madrid Protocol vs EUTM.
The decision order
- Strengthen the basic mark: Is the application/registration in Türkiye strong?
- Map the markets: Current + target + production countries.
- Prioritise by risk: Bring counterfeiting and "first-to-file" markets forward.
- Balance with budget: Defer unnecessary countries to later phases.
- Watch the five-year dependency: Protect the basic mark throughout this period.
To determine which countries are priorities for you based on your market and risk map, Asil Patent — under the agency of Salih Aksebzeci — runs the International Trademark (Madrid Protocol) service. For country-specific local features, see the country guides on the same page.
Sources
- WIPO Madrid Protocol — international trademark registration
- Madrid Protocol — five-year dependency, central attack and transformation
- SMK 6769 — basic mark (office of origin TÜRKPATENT)
Author: Salih Aksebzeci · TÜRKPATENT Agent Registry No. 188 · Published: 2026-06-30