A Madrid/international application must be based on an initial domestic trademark application or registration. Typically, this domestic application must be in a country where the owner has a substantial presence (in the U.S., “real and effective industrial or commercial establishment”). Generally, you would want to rely on a strong domestic application to support your Madrid application, and you might prefer a certain country due to particularities of the trademark law (for example, in the U.S. the description of goods/services must be narrower than other countries, putting U.S. applicants at a disadvantage). So, in theory it could affect your choice of what country to establish a presence in, but practically speaking it is probably far down the list of considerations in that respect.

Regarding digital content, having a website accessed in one country probably does not qualify as a substantial presence for Madrid purposes, so you would have to rely on the home country application/registration where your physical presence is. If you sell products to many countries through one website, you certainly might want trademark protection in a number of different countries, and a Madrid application can be a cost-effective solution.

To use the Madrid system, the application/registration on which the Madrid application is to be based must be in a country that is a member of the Madrid Protocol or Agreement. The Paris Convention is a separate matter. The Paris Convention allows you to file a trademark application in a foreign country that will get the benefit of your earlier domestic trademark application filing date. However, separate Paris Convention applications must be filed for each country.

By office of origin it refers to the country of origin in which the company trademark belongs? Does this influence in any way the place where you legaly constitute your enterprise?

Thanks

I believe you could, but I really would not recommend it. There are generally high costs associated with Madrid filings. The fee a reasonable lawyer would charge would probably be dwarfed by the filing fees and would almost certainly save you a lot of time and trouble. The Madrid system is much more complex than the U.S. system and there are many traps for the unwary that could easily lead to a loss of rights. You also will have to deal with trademark law in a number of different countries.