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Are You Ready for Madrid?
24 Feb 2026
Are you ready for Madrid – not for a relaxing holiday or to watch your favourite football team, but to extend your trade mark (brand) protection internationally.
In this context, “Madrid” refers to the Madrid System for the International Registration of Marks, an international framework administered by the World Intellectual Property Organization (“WIPO”). The system enables the trade mark owners to seek protection in multiple jurisdictions through a single application filed in one language, under one set of fees, thereby streamlining the international filing process and reducing administrative burdens.
Madrid System and Hong Kong: Current Position
At present, it is not yet possible to designate Hong Kong under the Madrid System, nor to file an international trade mark application through the Hong Kong Trade Marks Registry. The Hong Kong Government enacted the Trade Marks (Amendment) Ordinance 2020 to establish the legal framework for implementing the Madrid Protocol, but the relevant provisions will only take effect on a date to be appointed once all necessary preparatory work has been completed.
Recent government policy updates confirm that preparatory work for Hong Kong’s participation in the Madrid Protocol remains ongoing, and that implementation will only commence after the completion of legislative, IT and related arrangements. As of early 2026, no official commencement date or target year has been announced, and there is still no confirmed timetable for when the Madrid System will be extended to Hong Kong.
In anticipation of Hong Kong’s future participation in the Madrid System, it is helpful to understand the key filing requirements.
Basic Requirements for a Madrid Application
1. Eligibility
To use the Madrid System, an applicant must have a real and effective connection with at least one Madrid member. You will qualify if you:
- are a national of, domiciled in, or have an industrial or commercial establishment in a Madrid member; and
- have already filed or registered a trade mark (the “basic mark”) with the IP office of that member (the “Office of Origin”).
2. Basic mark requirement
Before filing an international application, you must already have filed or registered a national or regional trade mark in your Office of Origin. This “basic mark” must:
- be the same mark;
- be owned by the same proprietor; and
- cover goods and/or services that are identical to, or narrower than, those claimed in the international application.
3. International application
The international application must:
- be filed through the Office of Origin (not sent directly to WIPO);
- use the prescribed WIPO form MM2 or a recognised e‑filing tool such as eMadrid or the Madrid Application Assistant;
- match the particulars of the basic mark (owner details, mark representation, goods/services); and
- designate at least one Madrid member, with payment of the WIPO basic fee plus the relevant per‑member or per‑class fees.
4. Examination and Grant of Protection
Once your Office of Origin has certified and forwarded the international application, WIPO conducts a formalities examination only, checking fees, classification and technical compliance. If the application does not comply, WIPO issues an irregularity notice to you and the Office of Origin, usually allowing a limited period (commonly three months) to correct the deficiencies.
If the formal requirements are met, WIPO records the mark in the International Register, publishes it in the WIPO Gazette of International Marks, issues a Certificate of International Registration, and notifies each designated IP office. Each designated national or regional office then carries out its own substantive examination under local trade mark law and must grant or refuse protection within a prescribed time limit, typically 12 or 18 months from notification.
If the mark is accepted, it is protected in that jurisdiction as if registered directly at the national or regional office. If protection is provisionally refused, you may need to appoint local counsel in that jurisdiction to respond or appeal in accordance with local procedures.
How to Protect Your Trade Mark in Hong Kong Now
As Hong Kong has not yet implemented the Madrid System, trade mark protection in Hong Kong can only be obtained by filing a separate application directly with the Hong Kong Trade Marks Registry.
At this stage, Hong Kong cannot be designated in an international registration under the Madrid System, and international applications cannot be filed through the Hong Kong Registry as an Office of Origin.
Where brand owners are also seeking protection in other jurisdictions that are members of the Madrid System, they will typically need to pursue two parallel routes:
- file a standalone local application in Hong Kong for protection in the Hong Kong market; and
- either file separate national or regional applications in other territories, or, where available, make use of the Madrid System via an eligible Office of Origin outside Hong Kong (for example, through an associated company or establishment in a Madrid member country).
This approach reflects the current reality: Hong Kong remains a separate, locally‑filed registration, while the Madrid System may be used only for those jurisdictions where it is already in force and where the applicant otherwise meets the eligibility requirements.
Getting Ready for Madrid in Hong Kong
As Hong Kong moves toward future implementation of the Madrid Protocol, it is prudent for brand owners to ensure that their key marks are already filed and registered in Hong Kong so that they can satisfy Madrid eligibility requirements once the system becomes available locally.
Our firm would be pleased to assist you with filing and maintaining trade mark registrations in Hong Kong and with developing an international filing strategy to take full advantage of the Madrid System when it is launched here.
Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.
