Can I apply for an International Mark with countries in the Madrid System once I have filed a trademark application in my home country, or do I have to wait for the application to be successful before I can apply for an International Mark?

An international application may be based either on a registration by the Office of origin or on an application for registration filed with that Office.

In the case where the international mark applied is based on an application (i.e. pending approval by the Country of Origin), a rejection of this base application would trigger a cancellation of the international mark either totally or partially. The International Bureau will record the cancellation in the International Register and notify the holder and the Offices of the designated Contracting Parties accordingly. This dependence of international mark and base mark is absolute, and is effective regardless of the reasons why the basic application is rejected or is withdrawn or the basic registration ceases to enjoy, in whole or in part, legal protection.

Therefore, there is an increased risk of the holder who chooses to base his international registration on an application with the Office of origin losing his protection as a result of the basic application ceasing to have effect. The basic application may be refused protection, totally or partially, on absolute grounds or because of the existence of a prior right cited ex officio in the examination procedure, or as a result of an opposition by the holder of such earlier right in that territory.