Chapter 14: Selection and Determination by the Original Bureau: Why Submission Must Be Made Through the Trademark Office

Many companies new to the Madrid System naturally wonder: since WIPO's International Bureau handles the final registration, can we send our application documents directly to Geneva to skip intermediate steps? The answer is no. The Madrid System explicitly requires that international applications be submitted through the Office of Origin. Direct submissions to the International Bureau by applicants will not be accepted.

Who is the original bureau?

For Chinese applicants, the office of origin is the China National Intellectual Property Administration (CNIPA). The statutory filing pathway is: the applicant submits to CNIPA, which verifies and forwards the application to the WIPO International Bureau. Upon successful formal examination, the International Bureau records the international registration in the Register, publishes it, and notifies all designated countries. This chain—Applicant → Office of Origin → International Bureau → Designated Countries—must be followed without skipping any step.

The original bureau is more than just a mailroom.

The originating bureau plays a substantive gatekeeping role within the system, going far beyond merely forwarding documents.

First, verify eligibility by confirming that the applicant has a connection to China through nationality, residence, or a genuine and valid business establishment.

Second, verify the basic trademark. Confirm that the applicant has a valid trademark application or registration under their name serving as the basis.

Third, verify consistency. Compare the trademark image and applicant name in the international application against the basic trademark file to ensure they match, and confirm that the goods/services do not exceed the scope—this is the execution of the three-way comparison rule outlined in Chapter 13.

Fourth, verify fees and formats. Conduct front-end checks on application document formatting, classification, and fee payments to intercept obvious non-compliance before submission.

Why is the system designed this way?

The underlying logic of the original office's transfer mechanism is the trust structure of the Madrid System. The International Bureau, located in Geneva, cannot verify the identity and basic rights status of every applicant worldwide. By having each member's competent authority endorse applications within its own jurisdiction, the International Bureau can confidently perform formal examination and registration, and designated countries can trust the information in the international register. The original office serves as a "trust node" in the system, providing the first layer of authenticity guarantee for every international application it issues.

Practical implications for applicants

Understanding the home office's responsibilities clarifies two practical points. First, the trademark office stage takes time; the speed of transmission directly affects the determination of the international registration date. If the International Bureau receives the application within two months of the home office's receipt date, the international registration date will be based on that receipt date. We will explore this "two-month golden rule" and its associated risks in the next chapter. Second, any issues regarding consistency, eligibility, or formal requirements should be resolved at the home office stage, where the cost is lowest. Once documents reach the International Bureau and a notice of correction is issued, the communication chain lengthens, amplifying both time delays and uncertainty.

Additionally, this mandatory transfer process means that the trademark office's receipt date and processing timeline are part of application schedule management. Applicants should incorporate this step into their overall timeline rather than assuming "mailed today, received in Geneva tomorrow."

So, don't treat trademark registration as "just another step." It's a free pre-check channel built into the Madrid System to help applicants catch most basic errors early.

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.