From Africa to Europe: EU trade mark or Madrid designation?

From Africa to Europe: EU trade mark or Madrid designation?

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For African companies, an EU trademark (formally, an EU trade mark) can be obtained by two routes: file directly at the EUIPO, the EU Intellectual Property Office, or designate the European Union in an international application under the Madrid System through its home office. The direct route is open to any company in the world and stands on its own; the Madrid route is only available if the company’s country, or OAPI, is a Madrid member, and it ties the EU protection to the home mark for five years. This guide is for companies in Morocco, Egypt, Kenya, the OAPI states and the rest of the continent planning their entry into Europe.

Key takeaways

  • A direct EU trade mark costs EUR 850 in official fees for one class filed online, EUR 50 for the second class and EUR 150 for each further class.
  • Designating the EU through Madrid costs CHF 789 for the first class, CHF 48 for the second and CHF 144 for each additional one, on top of WIPO’s basic fee of CHF 653.
  • Through Madrid, the EU designation depends for five years on the home basic mark; a direct EU trade mark does not.
  • Companies in Nigeria, South Africa, Ethiopia, Angola, Tanzania or Uganda cannot use Madrid from home, because those countries are not members.
  • Madrid members discussed in July 2026 whether to shorten or relax dependency, but no change has been adopted.

Which African companies can use the Madrid route?

Madrid is administered by WIPO (the World Intellectual Property Organization). An applicant must be a national of, be domiciled in or have a real and effective establishment in a member, and file through that member’s office (the “office of origin”) on the basis of a national or regional application or registration (the “basic mark”). According to the WIPO Lex list of Madrid Protocol contracting parties, the African members are:

  • North Africa: Algeria, Egypt, Morocco, Sudan and Tunisia.
  • West and Central Africa: OAPI (the African Intellectual Property Organization, which grants a single title for its member states), Cabo Verde, Gambia, Ghana, Liberia, Sao Tome and Principe and Sierra Leone.
  • East and Southern Africa: Botswana, Eswatini, Kenya, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Rwanda, Zambia and Zimbabwe.

Several of the continent’s largest economies, such as Nigeria, South Africa, Ethiopia, Angola, Tanzania and Uganda, do not appear on that list. A company based there must file directly at the EUIPO, unless it has a genuine establishment in a Madrid member that can act as its office of origin.

How does an EU trade mark work for African companies?

Under Regulation (EU) 2017/1001 on the EU trade mark (EUTMR), any natural or legal person may own an EU trade mark (art. 5). One registration covers all 27 Member States, lasts ten years and can be renewed indefinitely (art. 52). The main points for a company outside Europe are these:

  • Representation: an applicant with no domicile, principal place of business or real and effective establishment in the European Economic Area may file the application itself, but must be represented by an EEA lawyer or a professional representative on the EUIPO list for everything after filing (arts. 119 and 120).
  • Language: the application may be filed in any official EU language, with a second language chosen from English, French, German, Italian and Spanish (art. 146). Arabic is not available, so Egyptian or Moroccan companies usually file in French or English.
  • Opposition: third parties have three months from publication to oppose (art. 46).
  • Use: if the mark is not put to genuine use in the EU within five years of registration, it becomes vulnerable to revocation (art. 18).

EU trade mark or Madrid designation: side-by-side comparison

The figures below are official fees only: EUIPO fees from Annex I of the EUTMR, and WIPO fees from the Madrid schedule of fees and the table of individual fees (updated 23 August 2026).

Criterion Direct EU trade mark (EUIPO) EU designation through Madrid
Who can use it Any company, anywhere Only companies connected to a Madrid member (African members listed above)
Official fees EUR 850 (one class, online) + EUR 50 (second class) + EUR 150 per further class CHF 653 WIPO basic fee + EU individual fee of CHF 789 (first class), CHF 48 (second) and CHF 144 per further class; plus any fee of the office of origin
Basic mark needed No Yes: a home application or registration covering the same goods and services or more
Dependency None Five years from the international registration (Madrid Protocol, art. 6(3))
Examination and opposition EUIPO examination; three-month opposition period The same EUIPO examination; opposition within three months starting one month after publication (EUTMR, art. 196)
Other countries EU only The same application can add the UK, Switzerland, Norway and other Madrid members
Management Renewals and changes at the EUIPO Renewals and changes recorded once at WIPO for all designations

Applicants from countries on the UN list of least developed countries pay only 10% of the WIPO basic fee, according to the schedule. That can tip the balance towards Madrid for eligible companies. Use the Madrid fee calculator for a final figure: individual fees are reviewed periodically.

Why the five-year dependency matters for African applicants

If the basic mark is refused, cancelled or limited within five years of the international registration, the international registration is cancelled to the same extent, and the EU designation falls with it (Madrid Protocol, art. 6(3)). A competitor who attacks the home mark in Casablanca, Cairo, Nairobi or Yaoundé can therefore bring down the European protection too. The holder can then transform the EU designation into a direct EU trade mark application within three months and keep its date (Madrid Protocol, art. 9quinquies; EUTMR, art. 204), but this means new fees and work at a difficult moment.

The risk is greatest where the home office examines slowly, where oppositions are frequent or where the home specification is narrower than what the company sells in Europe, because the international registration cannot cover more than the basic mark.

Is dependency about to change?

Not yet. The draft report of the Madrid Union Assembly of July 2026 (MM/A/60/3 Prov., 14 August 2026) records that the European Union and its Member States want to keep dependency but are open to reducing the period from five to three years, a position India shares. The United States recalled its proposal with Australia, Chile, Ghana, Mexico, the Philippines and the Republic of Korea to make dependency and the basic mark requirement more flexible. The Assembly only took note of the Working Group’s report. Dependency was on the agenda of the Working Group’s 24th session, scheduled for 5 to 9 October 2026. Any change would require amending the Protocol or its Regulations, so plans for 2026 and 2027 should assume the current five-year rule.

What this means for your business

  1. Check your eligibility: is your country, or OAPI, a Madrid member, and does your company have the required connection to it?
  2. Assess the basic mark: is it registered, or still exposed to oppositions? Does its specification cover everything you plan to sell in Europe?
  3. Count the territories: if Europe is the only target, a direct EU trade mark is usually simpler; if you also need the UK, Switzerland or other Madrid members, one international application may be more efficient.
  4. Plan for EU representation: with either route, a non-EEA owner needs an EEA representative for objections, oppositions and later proceedings.
  5. Search before filing: an earlier EU or national mark in any Member State can block the whole EU trade mark.

Our EU trade mark filing service for companies outside Europe can compare both routes for your specific marks and classes.

Where African companies get the EU route wrong

  • Relying on a basic mark still under examination. A home application that is opposed or refused in its first five years takes the EU designation down with it.
  • Copying the home specification. A narrow home list limits the EU designation; a broad EU list without use invites revocation after five years.
  • Ignoring conflicts in Europe. A Madrid designation receives the same EUIPO examination and opposition period as a direct filing; it is not a shortcut.
  • Letting a distributor file. A European importer that registers your mark in its own name can force costly invalidity proceedings.
  • Splitting advisers. When one firm handles the home mark and another the EU designation, deadlines in the dependency period are easy to miss.

Frequently asked questions

Can a Nigerian or South African company designate the EU through Madrid?

Not from its home office, because neither Nigeria nor South Africa is a Madrid member according to WIPO Lex. The company can file a direct EU trade mark at the EUIPO, which is open to applicants from any country, or use Madrid through a member where it has a real and effective industrial or commercial establishment.

Is a Madrid designation of the EU cheaper than a direct EU trade mark?

For the EU alone, rarely: the WIPO basic fee of CHF 653 is added to an EU individual fee of CHF 789 for one class, while a direct online filing costs EUR 850. Madrid becomes attractive when the same application covers several other countries, or when the applicant benefits from the 90% reduction for least developed countries.

Does an African company need a European representative for an EU trade mark?

It can file the application itself, but a company with no domicile, principal place of business or real establishment in the European Economic Area must be represented before the EUIPO in all other proceedings. This applies whether the EU is reached directly or through a Madrid designation, for example when answering an objection or an opposition.

Can IP Global Guard file my EU trade mark from Africa?

Yes. We prepare and coordinate the EU trade mark application, or the Madrid designation through your home office, acting before the EUIPO directly when our professionals are entitled and otherwise through qualified representatives. We coordinate local correspondents for the basic mark in your country, with one point of contact.

How IP Global Guard can help you enter Europe

The choice between a direct EU trade mark and a Madrid designation depends on the strength of your home mark, the markets that follow Europe and your budget across currencies. IP Global Guard, the IP services line of META Channel Corporation Limited, works the Europe, Latin America and Africa corridor in both directions across more than 25 jurisdictions; see our coverage across Africa, Europe and Latin America.

Tell us which marks you want to protect in Europe, their status at home and which other countries are on your plan. We will compare both routes, flag dependency risks and coordinate the filings from a single point of contact. Ask us to map your route into the EU.

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

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