The Madrid System is a procedural international gateway, not an open public road. Before filing an application, the first hurdle is eligibility: you must have a legally recognized "link" to a Madrid member country to designate it as your home country and file an international application through its competent authority.

Three connection types; any one is sufficient.

The Madrid System recognizes three types of connecting links: nationality, domicile, and a real and effective industrial or commercial establishment. These are alternative; satisfying any one qualifies the applicant to file through their original office in that country.

First, nationality. For enterprises, nationality is determined by the place of registration: companies legally established in mainland China are considered Chinese nationals and may designate the Trademark Office of the China National Intellectual Property Administration as their office of origin for Madrid International Registration. For natural persons, nationality is based on their country of citizenship.

Second, domicile. A natural person who has a domicile in the territory of a Member State may have that State as their home country even if they are not a national of it.

Third, a genuine and valid commercial premises. This channel is reserved for foreign entities, but the key requirement is "genuine and valid": there must be a physical location with actual business operations, not merely a nominal address, P.O. box, or virtual office. This connection point is subject to the strictest scrutiny in practice and is most prone to disputes.

How Chinese applicants should self-identify

For the vast majority of Chinese enterprises, qualification is straightforward: hold a mainland China business license to designate China as the country of origin and file with the Trademark Office. Foreign wholly-owned or Sino-foreign joint venture enterprises established in China are also treated as Chinese legal persons and follow this same path. However, their overseas parent companies cannot "borrow" the connection point from their Chinese subsidiaries; they must designate the member state where they have nationality, domicile, or place of business as their country of origin.

Country of origin for entities based in Hong Kong, Macao, or Taiwan

This is a recurring question in the expansion strategies of Chinese enterprises. Currently, China's Taiwan, Hong Kong, and Macao regions cannot be designated under the Madrid System; related extension arrangements are still in progress. According to WIPO official statements, China intends to extend the Protocol to apply to the Hong Kong Special Administrative Region, but as of now, this has not yet been implemented.

Can entities registered in Hong Kong, Macau, or Taiwan use the Madrid System? No. They cannot designate their respective regions as the country of origin. However, if they maintain a real and effective industrial or commercial establishment in mainland China, they may file through the Trademark Office based on that connection. Since determining "real and effective" requires case-by-case assessment, we recommend verifying eligibility with a professional agency before filing to avoid procedural issues from the outset.

An additional perspective

When an applicant has multiple connecting factors—for instance, a multinational group with entities in several countries—there is theoretically room to choose the home country. This choice affects language conventions, agency collaboration costs, and subsequent domestic procedures. It should be evaluated as part of an overall strategy rather than defaulted to "nearest jurisdiction."

Eligibility may seem like a "threshold issue," but it is actually the first link in the chain of rights. If the country of origin is chosen incorrectly, the foundation for the basic mark, international registration date, and protection in all designated countries becomes unstable. Spending just 30 minutes to verify the connecting factors is the most cost-effective due diligence in the entire Madrid process.

Fuzhou Mingzhi Trademark and Patent Agency (General Partnership)

IP professional agency filed with the China National Intellectual Property Administration

Integrity builds trust; knowledge drives action.

Fujian-based boutique IP firm specializing in niche industries. Core team members have over 10 years of experience, focusing on high-value services including cross-border patents, patent invalidation proceedings, and patent infringement litigation. We uphold the highest standards of professional practice, strictly conduct cross-research using Incopat and PatSeas, maintain a selective caseload, and refuse to accept abnormal patent applications involving mere drafting. We deliver strong protection and high win rates for specialized, innovative, and new enterprises.

Location: Fuzhou, Fujian

Core Business Areas: Domestic trademark registration and Madrid Protocol international trademark filing, patent application agency services, trademark refusal review and invalidation proceedings, IP litigation and enforcement, corporate IP strategic planning, and training.

[Keywords] Madrid trademark, Madrid System, Madrid Protocol, international trademark registration, WIPO International Bureau, exporting trademarks overseas, foreign trademark registration, Fuzhou trademark agency, Fuzhou intellectual property agency

Disclaimer: This article is for general industry education and does not constitute legal advice for specific cases. For case-specific guidance, please consult a qualified trademark agent.