News & Insights

This year the Madrid Protocol membership has expanded and in early 2021 prices for registering trade marks in the United States are set vary – so what are the details and how does this impact your business?

United States registration price changes

If you are thinking about registering your trade mark in the United States, now is the time to act before application costs increase.

As of 18 February 2021, application fees under the Madrid Protocol will increase from 388 Swiss Francs (around AUD$586) to 460 Swiss Francs (around AUD$695) per class; application fees for applications lodged directly with the USPTO will rise from US$275 (around AU$370) to US$350 (around AU$470) per class.

On the other hand, if your trade mark is already registered in the US, the renewal fee will be decreasing from 18 February 2021, from 291 to 276 Swiss Francs (a decrease of around AUD$20).

Whether you are currently trading in the US or intend to trade, we are here to advise you about how to best protect your trade mark rights in the US and make the most of the lower fees before the price hike.  This is particularly important if your trade mark falls into multiple classes, as is often the case.

Madrid Protocol expansion

Since 2001 the Madrid Protocol membership has continued to grow. It now has 107 members across 123 countries. The newest member to join the Madrid System is Trinidad and Tobago, which received the instruments of accession on 12 October 2020 and will hold an effective membership as of 12 January 2021.

For Australian businesses, this means there is an even larger pool of countries to choose from when registering trade marks internationally under the Madrid Protocol, as Trinidad and Tobago can soon be included in any new application under the Madrid Protocol with ease and less expense.

Trinidad and Tobago joins other recent additions to the Madrid Protocol including Canada, Brazil and Malaysia.

we are here to help

As part of Macpherson Kelley’s broader trade mark services, we regularly assist clients with protecting their brands internationally through the Madrid Protocol. If you wish to make use of the lower US trade mark fees before they rise or want to register your trade mark internationally elsewhere, the Macpherson Kelley Intellectual Property team is here to help.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.