Do I need a pending trademark application to file through the Madrid System?

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Written by Jan Buza

Co-founder of Trama

Generally speaking - yes, you do.

When applying through WIPO, you need to state your office of origin, which means you must have an application pending in one of the countries using the Madrid System. If you can't find your office of origin on the list, it's not a member. Therefore, you can only obtain international protection for your mark by applying for registration with the IP Office of each country or region in which you seek protection.

The pending application, on which the WIPO application would be based, must be filed directly through the IP Office in the selected country.

Not only does the country of origin have to be a participating member of the System, but the same also applies to countries where you wish to apply using WIPO's services.

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