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[ESkoch]

Situation:
Your client has no office in the U.S., but sells 98% of their product in the U.S., using a product name that would be a valid trademark here in the U.S., but would not be valid in their home country (assume that TM is already taken, they use a different name for the product in the home country, or whatever).
Let's assume they want to start selling in other Madrid countries in the future (other than their home country), so they want to use priority from the earlier application and file under Madrid.
USPTO won't allow them to file a Madrid application if they have no office in the U.S.  
An application in their home country is worthless because either they're not selling the product under the same name in their home country or the product name is not a valid TM their home country.
Does Madrid require them to file in their home country regardless?

[rolan o. silverio]

Madrid Protocol is administered by the WIPO which is based in Geneva. To apply for an International Registration under the Madrid Protocol, the applicant must be based in a Contracting Party (country member of Madrid Protocol). Therefor, You must possess a home application or registration for the mark in a country which is a member of the Madrid Protocol

[Felicia]

Hello, I am a trademark administrator for a Fortune 20 company. I was wondering how your client's products are sold in the U.S. If your client sells 98% of its product in the U.S. the product must be imported through U.S. customs and the client must have an agreement with some type of agent/distributor in the U.S. Since your client is looking to file in the Madrid Protocol countries in the future, and they obviously have no sales or use in any of the Madrid countries at the present time. Why try to file a Madrid Protocol application right off the bat, considering that 98% of the client's sales are in the U.S. If the mark would be a viable mark in the U.S. and not an infringement of an existing trademark, why not just file a use based application for registration in the U.S. With your proof of use documentation and specimens labels of the mark as used in the U.S. Further, does the TM designation appear on the packaging or labeling of the product as it is sold in the U.S. If not you should begin to use the designation to establish your common law trademark rights, track back to the earliest use of the mark in commerce in the U.S. for your date of first use. As a foreign entity you may be asked to provide proof of sales in the U.S. such as a certified financial report or invoices. Once you obtain the registration in the U.S. which will not take too long (18 - 24 months) barring any substantive office actions or unforeseen oppositions during the publication phase you can then file a Madrid Protocol application based upon your U.S. registration. In the meantime your client can determine the countries of interest and commence  some type of use of the mark in those countries. Just a strategy suggestion.