CHANYONDCHINA TRADEMARK DESK

GUIDE 11 · OFFICIAL-SOURCE GUIDE

Direct China filing or Madrid designation: how should a foreign applicant compare the routes?

Official-source reading for a matter-specific discussion.

Home / Guides / Guide 11

Both routes can be relevant. The decision starts with applicant eligibility, the basic mark, the goods and services, and how the matter will be managed.

Domestic China filing

For a domestic filing, first identify the legal applicant and the mark to be filed. CNIPA's foreign-applicant guidance distinguishes applicants with and without the relevant residence or business domicile in China. In particular, it says a wholly owned China branch or representative office does not by itself establish the foreign company's business domicile. The correct representation and document route should be checked for that applicant.

Madrid designation of China

WIPO's Madrid filing guide ties eligibility to nationality, domicile or business in a Madrid System member and to a basic application or registration through the Office of origin. Designating China asks for protection there; it does not bypass examination under China's law. A Madrid route may also involve the Office of origin and WIPO communications as well as any China-specific response.

A useful comparison brief

  1. Which entity will own the mark, and which office can be its Office of origin?
  2. Is there an existing basic mark, and does its goods and services scope fit the intended China scope?
  3. Are Chinese and non-Chinese mark versions both relevant?
  4. Who will receive, translate and act on official notices?
  5. What are the current official fees, professional scope and case deadlines for each route?

Costs, time and protection outcomes should not be inferred from a generic comparison chart. Check current official material and a matter-specific brief. China's 2026 revised Trademark Law is scheduled to take effect on 1 January 2027; any filing plan crossing that date needs a separate effective-rule check.

Discuss a specific matter

Prepare a non-confidential summary of the applicant, proposed mark, goods or services, official documents and dates. Use the contact page for a first brief. Do not send confidential case files through a public page before the intake channel is agreed.

Sources and status

CNIPA foreign-applicant guidance (2026-03-17); WIPO Madrid filing guidance; CNIPA 2026 law portal. Source entry: official original. Checked 2 November 2026. This is an independent guide, not an official statement or advice for a particular matter.

NEXT STEP

Bring the facts of your matter.

Prepare a brief ↗