When considering a Madrid International Application,
experts will inevitably mention the term "Central Attack." This
represents the most significant risk of the international route and is the
primary differentiator from national applications.
1. What is the "Dependency" on a Basic
Application? A Madrid International Application does not exist in
a vacuum; it must be based on a trademark application or registration already
filed in the applicant’s "Office of Origin" (e.g., China, USA). For
the first five years from the date of international registration, the
international application remains "dependent" on this basic case.
2. The Fatal "Central Attack" Risk If, during this five-year dependency period, the basic application in the home
country fails for any reason (e.g., it is refused, canceled by a third party,
or voluntarily withdrawn), all designations under that international
application will "collectively lapse." It is akin to removing the
foundation of a building—the entire global portfolio collapses instantly. This
is the "Central Attack."
3. The "Risk Isolation" Advantage of
National Applications In contrast, National
Applications are entirely independent. Even if your trademark is refused in
the U.S., it has no legal impact on your filings in Japan or the EU. Each
country examines the case independently. For enterprises with controversial
brand names or those targeted by competitors, national filings provide superior
"risk hedging."
4. Remedial Measure: Transformation Should a Central Attack occur, the Madrid System provides a lifeline: Transformation.
Within three months, the applicant can convert the failed international
registration into individual national applications while retaining the original
international filing date. However, this requires paying local attorney and
official fees again, significantly increasing the total cost.
Summary Advice If your basic
trademark is highly stable (e.g., already registered with strong
distinctiveness), the Madrid System is incredibly efficient. However, if the
basic case is still under examination and carries a high risk of refusal, you
should carefully weigh whether to tie your global expansion to such an unstable
foundation.