International vs. National Trademark Filing Guide (I): Applicant Eligibility
When planning a global trademark layout, applicants often weigh the "Madrid International Application" against "National Applications." However, before comparing fees or timelines, the most critical prerequisite is: Does the applicant qualify for the Madrid System? This is not merely a procedural step; it dictates the very feasibility of your strategic path.
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The "Nexus" Requirement of the Madrid System
The Madrid System, managed by WIPO, allows for protection in multiple countries via a single application. However, it is not an open-access system. An applicant must establish a "Legal Nexus" with a member state through:
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Nationality: Being a national of a member state.
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Domicile: Having a residence within a member state.
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Establishment: Having a real and effective industrial or commercial presence in a member state.
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Practical Challenges for Hong Kong Applicants
This is particularly relevant for Hong Kong applicants. As Hong Kong has not yet formally implemented the Madrid System, individuals or entities registered solely in Hong Kong—without a presence in other member states (such as Mainland China, Singapore, or the U.S.)—cannot apply via the international route and must resort to "Country-by-Country" filings.
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Strategic Use of Cross-Border Entities
If an applicant holds a corporate entity in a member state (e.g., Mainland China or Singapore), they can use that entity as the applicant to gain "entry" to the Madrid System. Utilizing such cross-border entities is a common strategic maneuver for major corporations in global brand deployment.
Conclusion Confirming "Eligibility" is the foundational step. Being eligible grants you the luxury of choice between two paths; without it, the focus shifts to optimizing national filings. Once eligibility is confirmed, the next question is: Where are your target markets? This will determine the economic efficiency of your chosen route.
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