Overview #
Foreign applicants have two main ways to obtain trademark protection in China: filing directly with CNIPA through a local agent, or designating China under the Madrid System. In both cases, a Chinese examination still applies.
The Madrid System #
China joined the Madrid Agreement in 1989 and the Madrid Protocol in 1995. Through the Protocol, you can file a single international application through your home office and designate China, rather than filing separately in each country.
- Convenient: one application, one language, one set of fees for multiple countries.
- Cost-effective when designating several jurisdictions at once.
- Dependency: for the first 5 years, the international registration depends on your basic (home) registration or application.
Important: a China designation is still examined by CNIPA under Chinese law. A mark that passes in your home country may still be refused in China for similarity or distinctiveness reasons, so a Chinese clearance search is still recommended.
Paris Convention Priority #
China is a member of the Paris Convention. If you file in China within 6 months of filing the same mark in another member country, you can claim priority — your Chinese application is treated as filed on the earlier date. This protects you against intervening filings during the priority window.
Country-Specific Considerations #
UK Companies #
UK applicants can claim Paris priority from a UKIPO filing within 6 months. Note that a UK registration does not automatically extend to China — you must file separately or designate China via Madrid.
EU Companies #
An EU trade mark (EUTM) gives you a basis for a Madrid designation, but it does not protect you in China on its own. File in China early to avoid squatting of your EU brand.
Japanese Companies #
Japanese applicants frequently file both their Latin and Japanese-character marks in China, and should also consider the Chinese transliteration, which is how Chinese consumers search.
Madrid vs National Filing #
| Factor | Madrid designation | National (direct) filing |
|---|---|---|
| Best when | Filing in several countries | China is a priority market |
| Speed | Variable | Often faster to file |
| Flexibility | Depends on home registration | Fully independent |
Not sure which route to take? Contact us for a comparison tailored to your portfolio.