MADRID OR
DIRECT FILING?
KEY FACTS
MADRID STRENGTHS
Centralized filing and renewal, with expansion through subsequent designations.
DIRECT STRENGTHS
China-specific drafting, electronic registration certificates, and independence from a basic mark.
COMMON PITFALL
A specification should be checked against Chinese practice, whichever filing route is chosen.
DECISION FACTORS
Compare coverage, basic-mark stability, portfolio costs and proof requirements.
NEED A FIRST READ?
Send us the mark, the market, and any deadline. We will route it to the right practice lead within one business day.
Contact UsContent updated: . Current-law references reflect the rules in force at this update. Check the 2027 law and transition arrangements for later matters.
TWO ROUTES TO PROTECTION IN CHINA
A foreign brand can seek protection in China through a Madrid international registration designating China or a national application with CNIPA. Both routes are subject to Chinese substantive trademark law. Their filing, administration and documentary procedures differ.
WHERE MADRID SHINES
Madrid can simplify administration of a portfolio covering several member jurisdictions through a centralized filing and renewal system and subsequent designations. Compare the basic fee, individual designation fees, number of classes and expected local work with national filing quotes. Savings depend on the actual portfolio; Madrid can also be appropriate for a core market.
POINTS TO CHECK FOR A CHINA DESIGNATION
Review the goods and services against actual Chinese classification practice before filing. The international specification is limited by the basic mark and may need careful drafting or China-specific advice. A Madrid designation does not automatically produce a national Chinese registration certificate. Check the proof accepted by the relevant platform or authority and whether a separate certificate of protection is needed; the absence of a national certificate does not mean the designation lacks protection.
A provisional refusal creates additional local work, but does not necessarily eliminate the portfolio's overall cost advantage. Check the type and deadline using the linked refusal guide. The international registration is dependent on the basic mark for five years from its international registration date. Qualifying loss of the basic mark can cancel protection to the corresponding extent. Transformation may preserve the relevant date if national applications are filed within three months of recording the cancellation and other requirements are met; this remedy adds cost and requires timely action.
WHAT NATIONAL FILING OFFERS
A national application allows a specification prepared directly for China and does not depend on a home-country basic mark. CNIPA has issued electronic trademark registration certificates instead of paper certificates since 1 January 2022; the electronic certificate can be downloaded and printed. Local handling can simplify communication, but neither route guarantees faster examination or a successful response.
CHOOSING A ROUTE OR A COMBINATION
Choose the route by market importance, the stability and scope of the basic mark, the number of designated members, desired goods and services, proof requirements and budget. A hybrid portfolio can be useful where national filings address specific coverage or dependency concerns and Madrid simplifies other registrations. Before adding a national filing alongside an existing China designation, identify the actual gap and the cost of maintaining both.
OFFICIAL REFERENCES
CNIPA: electronic registration certificates
WIPO: Madrid application process
This article is general information about Chinese IP practice, not legal advice for a specific matter. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.