Each article in the Protocol covers the same subject matter as the Agreement, with parts of the Protocol even adopting the wording of the Agreement mutatis mutandis.[3] However, the key differences between the Agreement and the Protocol are the following:

Application, not Registration: The most important revision of the Agreement embodied in the Protocol is the allowable basis for an International registration. A "home" or "basic" application, instead of a granted registration, can be used as a basis for an international registration. This benefits U.S. trademark applicants, as the relatively rigorous examination procedure followed in the USPTO would have put U.S. applicants at a disadvantage compared with foreign applicants under the Agreement.

Modified Central Attack: If the eventual "home" application fails, either within the first five years of the International registration or thereafter, provided the reason for such failure was initiated within the initial five year term, the applicant has the opportunity to reapply in each foreign jurisdiction individually and retain the priority date of the original application as filed with WIPO and thereby avoiding the most devastating effect of the "central attack."

This proposal was suggested by the Netherlands' delegation and was known as the "Dutch proposal." It only mitigates the procedure of "central attack," while not removing it, and was clearly a compromise to bring the members and the non-member nations closer to what it was hoped they could all agree.

Review of International Registrations Expanded: The period in which a national office may issue a provisional refusal is twelve months, but under the Protocol each country has the option to declare that the term is to be extended until 18 months and extended further an additional 7 months for refusals stemming from opposition proceedings. This aspect of the Protocol is useful to countries with time-consuming and strict examination procedures, including the citation of prior possible anticipations, such as Canada, Japan, Mexico, Republic of South Africa and the United States. However, although it may alleviate the timeliness of review problem, in several South American, African and Asian jurisdictions, even the 18-month term will be unrealistic as a trademark is usually examined years beyond this term limit.

English and French Recognized as Official Languages: Over the objections of the French, the Protocol adds English as an official language.

More Flexible Fee Structure: The Protocol allows member countries to charge a complementary filing fee consistent with their national fee structure.

It should also be noted that, under the Protocol, the term of registration of a mark is reduced from 20 years to 10 years.

Thus, when the Protocol comes into force in the United States, assuming it will, an U.S. applicant will be able to file a single application, in English, with the USPTO, which will then forward the application to WIPO in Geneva, Switzerland. WIPO will conduct a limited review for formalities, publish the mark in the WIPO Gazette of International Marks and forward the application to all countries that the applicant has designated. The national trademark offices will then examine the application for registrability under local law and receive and decide upon any oppositions filed in accordance with their national law and practice. The national trademark office has up to eighteen months to notify WIPO of the refusal of an application. If no refusal has been communicated within the set time, the trademark is deemed registered in the particular jurisdiction. As national law and practice govern the opposition proceedings, the date from which the opposition term runs will vary from country to country. In some countries the opposition period runs from the date, the mark is published in the WIPO Gazette, while other countries provide for re-publication in their national trademark gazette and the opposition term will then run from that date of publication. Therefore, it is important to monitor the WIPO Gazette as well as national trademark gazettes.

The International registration can be obtained for those goods and services covered by the "home" or "basic" registration or for a part of those goods and services, but not for coverage beyond the "home" or "basic" registration. Renewal, changes in proprietorship details and the like may be effected in all designated countries by a single filing at WIPO, and changes affecting the International registration of a mark such as assignment or partial or total cancellation must be notified to WIPO for recording in the International Register.