If your brand already has a home registration, the Madrid System lets you extend protection to China through one international filing. This guide explains how it works, how it compares to filing directly, and the trade-offs foreign owners should weigh.
The Madrid System, administered by WIPO, lets a trademark owner in a member country file one international application and designate multiple member territories — including China — rather than filing separately in each. China is a contracting party, so a Madrid designation of China is valid there.
| Factor | Madrid Protocol | Direct CNIPA filing |
|---|---|---|
| Best for | Multi-country portfolios from one base mark | China as a primary or first market |
| Process | One filing via home office + WIPO | Direct filing through a recorded China agent |
| Changes | Central recordal of name/assignment | Handled per national file |
| Key risk | "Central attack" if base mark fails in 5 years | No dependency on a home mark |
For the first five years, a Madrid registration depends on the base mark. If the base mark is cancelled, withdrawn or refused at home within that window, the international registration — and therefore the China designation — can be pulled down with it. A direct national filing in China does not carry that dependency. This is the main reason some owners choose direct filing for their most important markets.
Whether you file via Madrid or directly, a China clearance search before you commit is the single most effective way to avoid a foreseeable refusal. China is a first-to-file jurisdiction, so an existing conflicting mark — not your use abroad — decides the outcome.
Yes. China is a member of the Madrid System. If you hold a home registration or pending application that qualifies as a base mark, you can designate China through WIPO in a single international application.
Madrid can be efficient when you are protecting many countries at once, because one filing covers several designations. For China alone, a direct CNIPA filing is often simpler and gives you more direct control.
If your base mark is cancelled or withdrawn at home within five years of the international registration, the China designation (and other designations) can be pulled down with it. Direct national filings do not share that dependency.
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