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

Yes. To file an international application through the Madrid System, you must have a pending or registered trademark in a member country. This is called the "basic mark" or "office of origin." The international application is based on that mark and cannot be filed without it.

The basic mark does not have to be in your home country, but you must have a genuine connection to the country of the office of origin: citizenship, domicile, or a real and effective industrial or commercial establishment there.

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