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Madrid Protocol & China: a practical guide

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.

What the Madrid Protocol is

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.

How a China designation works

  1. You must have a base mark — a registration or pending application in your home country (the "origin").
  2. You file an international application through your home IP office, designating China (and any other members).
  3. WIPO records it and notifies CNIPA, which examines the China designation under Chinese law.
  4. If accepted, protection in China is equivalent to a national registration — valid for 10 years, renewable.

Madrid vs direct CNIPA filing

FactorMadrid ProtocolDirect CNIPA filing
Best forMulti-country portfolios from one base markChina as a primary or first market
ProcessOne filing via home office + WIPODirect filing through a recorded China agent
ChangesCentral recordal of name/assignmentHandled per national file
Key risk"Central attack" if base mark fails in 5 yearsNo dependency on a home mark
Who it suits: brands protecting several countries at once, or expanding later and adding China as a subsequent designation. If China is your first and main market, a direct filing is often simpler and gives you more direct control over prosecution.

The "central attack" to understand

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 If the base mark is cancelled, withdrawn or refused at home within that window, the international registration — and therefore the China designation — can be pulled down with it.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.

Either way, search first

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.

Frequently asked questions

Can I protect my trademark in China through the Madrid Protocol?

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.

Is Madrid cheaper than filing directly in China?

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.

What is the "central attack" risk with Madrid?

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.

Not sure which route fits your brand?

Tell us your filing plan on the main site and we'll advise Madrid vs direct in English.

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