You may file an international application if you meet the following two requirements:
To be entitled to use the Madrid System, you must first have a connection with one of its members (known as “Contracting Parties”). This connection will determine your Office of origin (national/regional intellectual property office). You must submit your international application through this Office of origin.
To meet the entitlement requirement, you must:
- have a business (i.e., a real and effective industrial or commercial establishment) in a Contracting Party, or
- be domiciled in a Contracting Party, or
- be a national of a Contracting Party
For example, if you are a national of, or have a business in Australia, your connection will be with Australia (a member of the Madrid System) and you must file your international application through Australia’s Intellectual Property (IP) Office.
If you have a connection with several members (for example, you may be a national of Mexico living in the United States of America), you can choose any one of these members to file your international application.
2. Basic application/registration (“basic mark”)
If you have the necessary connection to a Madrid System member (as outlined above), you must have either applied for or obtained a mark with the IP Office of that member (i.e., your Office of origin). A basic mark is required before can you file an international application for your mark (official Form MM2) through the same Office (your Office of origin).