Cross-border IP strategy US–LatAm: Madrid or national

A cross-border IP strategy for US–LatAm trademarks starts with one question per country: can you reach it through the Madrid System, or do you need a national filing? From the United States, Mexico, Colombia, Brazil and Chile can be covered with a single international application, while Argentina, Peru, Uruguay and most of Central America still require national applications. This guide is for US companies expanding south, and for Latin American companies heading north, that want one coherent filing plan instead of a patchwork.

Key takeaways

The United States has applied the Madrid Protocol since 2 November 2003 and was the largest Madrid filer in 2025, with 10,997 international applications according to WIPO.
Mexico, Colombia, Brazil and Chile are Madrid members; Argentina, Peru, Uruguay, Paraguay, Ecuador, Bolivia and Central America (except Belize) are not.
From 1 October 2026, international applications based on a US mark are filed through WIPO’s Madrid e-Filing and paid in Swiss francs.
Argentina has committed, under its February 2026 agreement with the United States, to submit the Madrid Protocol to Congress before the end of 2027.
A Madrid registration depends on the US basic mark for five years: weak or narrow US filings weaken the whole Latin American footprint.

Which Latin American countries can a US company reach through Madrid?

The Madrid System, administered by WIPO (the World Intellectual Property Organization), lets the owner of a “basic mark” (an application or registration at its home office) file one international application and designate other members. According to the WIPO Lex list of Madrid Protocol contracting parties, the Latin American and Caribbean members are Mexico (since 2013), Colombia (2012), Brazil (2019), Chile (2022), Jamaica (2022), Trinidad and Tobago (2021), Antigua and Barbuda (2000), Belize (2023) and Grenada (since 15 March 2026). Cuba is also a member, but for a US company any filing there raises US sanctions questions under the Cuban embargo that should be reviewed with an adviser before anything is designated.

The WIPO Madrid Yearly Review 2026 (13 May 2026) puts US applicants first by origin, with 10,997 international applications in 2025, ahead of Germany and China. For many of those filers, Latin America is a natural part of the designation list.

Madrid or national filing: the country-by-country map

The table shows the route available to a US owner today and the individual fee each Madrid member charges (WIPO table of individual fees, updated 23 August 2026). Individual fees are added to WIPO’s basic fee of CHF 653 (CHF 903 for a mark in colour), according to the Madrid schedule of fees.

Country	Route from the US	Official fee or point to note
Mexico	Madrid designation	CHF 132 per class
Colombia	Madrid designation	CHF 276 for one class, CHF 138 per additional class; Andean Community rules apply
Brazil	Madrid designation	CHF 251 per class
Chile	Madrid designation	CHF 210 per class
Peru, Ecuador, Bolivia	National application	Andean Community rules; an Andean opposition can be based on a Colombian mark
Argentina	National application before INPI	Fees in UMAPI, updated monthly; sworn declaration of use after five years
Uruguay, Paraguay	National application	Not Madrid members
Central America (except Belize), Dominican Republic	National application	Not Madrid members

These are WIPO fees only. They exclude the office of origin’s own charges, local agents for responding to refusals and professional fees. Check the final figure in the Madrid fee calculator before filing.

Building a cross-border IP strategy for the national-route countries

Argentina

Argentina remains outside Madrid, so a US brand needs a national application before the Instituto Nacional de la Propiedad Industrial (INPI). Since 1 May 2026, INPI fees are expressed in UMAPI, a unit adjusted every month by the consumer price index (INPI Resolution 75/2026). Under Decree 242/2019, registrations that reach five years need a sworn declaration of use; failing to file it raises a presumption of non-use and blocks renewal.

That may change. As Marval, O’Farrell & Mairal reported on 13 February 2026, the agreement signed with the United States on 5 February 2026 requires Argentina to submit the Madrid Protocol and the Singapore Treaty on the Law of Trademarks to Congress before the end of 2027. That is a commitment to a parliamentary vote, not accession. For launches in 2026 and 2027, plan national filings.

Peru and the Andean Community

Peru, Ecuador and Bolivia are not Madrid members, but they share Andean Decision 486 with Colombia. Two rules matter. Article 147 lets the owner of a mark in one Andean country oppose an identical or similar application in another, provided it applies for its own mark there when filing the opposition. And article 165 counts use in any member country when defending a mark against non-use cancellation. A Colombian designation obtained through Madrid therefore supports your position in Peru, but only if you are ready to file nationally.

Uruguay, Paraguay and Central America

Here the national route is the only one. Filing early matters more than the choice of route: in first-to-file systems, the earliest application usually wins, and distributors sometimes register the brand themselves.

What changes for US filers from 1 October 2026?

The USPTO announced on 15 July 2026 that, from 1 October 2026, WIPO’s Madrid e-Filing becomes the single channel for international applications based on US applications and registrations. Applicants pay WIPO directly in Swiss francs instead of paying the USPTO in dollars, and applications already started in the old TEASi forms must be completed there. The legal mechanics do not change: the USPTO still certifies the international application against the basic mark, and the dependency rules still apply.

What this means for your business

Audit the US basic mark first. The international registration cannot cover more goods or services than the basic application or registration, so a narrow US specification limits every designation.
Group the Madrid countries into one international application: Mexico, Colombia, Brazil and Chile, plus any Caribbean members you need.
Launch the national filings at the same time in Argentina, Peru, Uruguay and Central America, and claim the six-month Paris Convention priority from the US filing where possible.
Budget in three currencies: Swiss francs for WIPO, Argentine pesos (UMAPI) for INPI and local fees elsewhere.
Diary the five-year milestones: the end of Madrid dependency and Argentina’s declaration of use.

For Latin American owners going north, the logic reverses: a Mexican, Colombian, Brazilian or Chilean company can designate the United States through its own office (individual fee CHF 460 per class), while an Argentine, Peruvian or Uruguayan company without an establishment in a Madrid member must file directly with the USPTO through local counsel. Our trademark registration team for the Americas, Europe and Africa can map both directions in one plan.

Where companies get US–LatAm trademark strategy wrong

Relying on a fragile basic mark. If the US application is refused or limited within five years, the Latin American designations fall with it (Madrid Protocol, art. 6(3)). Transformation into national applications is possible but must be requested within three months and costs more than filing correctly.
Assuming Madrid covers the whole region. Argentina, Peru and Uruguay are often the markets where a distributor or a squatter files first.
Ignoring the Andean tools. Andean opposition and use in any member country are only useful if someone tracks them and files in time.
Missing Argentina’s declaration of use. A missed declaration jeopardises renewal and invites non-use attacks.
Splitting the portfolio between unconnected local agents, which produces inconsistent specifications and missed deadlines.

A single coordinator keeps the US basic mark, the Madrid designations and the national filings aligned, so a problem in one office is caught before it spreads.

Frequently asked questions

Can a US company protect its trademark in Argentina through the Madrid Protocol?

Not yet. Argentina is not a Madrid member, so protection requires a national application before INPI. Under the February 2026 agreement with the United States, Argentina must submit the Madrid Protocol to Congress before the end of 2027, but until it accedes and the treaty enters into force, national filing is the only route.

Which Latin American countries can I designate from a US trademark?

Mexico, Colombia, Brazil and Chile, plus the Caribbean members Jamaica, Trinidad and Tobago, Antigua and Barbuda, Belize and Grenada, according to WIPO Lex. Each of the four large markets charges its own individual fee in Swiss francs, added to WIPO’s basic fee of CHF 653 for a mark in black and white.

Is a Madrid designation cheaper than national filings in Latin America?

Usually for several countries at once, because one application replaces several local filings and renewals are centralised at WIPO. The trade-off is five years of dependency on the US basic mark. Refusals are still answered locally, so the comparison should include the cost of responding to objections in each country.

Can IP Global Guard coordinate a US–Latin America trademark filing plan?

Yes. We prepare the Madrid strategy and coordinate the international application with the client’s US counsel, and we coordinate qualified local correspondents for the national filings in Argentina, Peru, Uruguay and Central America. You get one point of contact, one strategy and one billing relationship across the plan.

How IP Global Guard can help with your Americas filing plan

IP Global Guard, the IP services line of META Channel Corporation Limited, manages trademark portfolios across more than 25 jurisdictions in Europe, Latin America and Africa; see our coverage across the corridor. For US companies we act as the coordinating hub for Latin America and, where the brand also travels to Europe, we add the EU trade mark to the same plan.

Send us your US filing or registration numbers, your classes and the Latin American markets on your roadmap. We will split them into Madrid and national routes, flag the dependency and Argentina risks and coordinate the filings from one point of contact. Ask us for a country-by-country filing plan.

This article is general information, not legal advice, and reflects the position on its publication date.

US–Latin America trademark strategy: Madrid or national, country by country

Key takeaways

Which Latin American countries can a US company reach through Madrid?

Madrid or national filing: the country-by-country map