A Chinese enterprise applying for Madrid international registration must meet three hard requirements: it has a real and effective industrial or commercial business establishment in China (or a domicile, or Chinese nationality); it has filed a trademark application or obtained a registration in China; and the goods/services designated in the international application must not exceed the scope of the home basic application.
Applicant Eligibility
Any one of the following suffices to file through CNIPA:
- Having a real and effective industrial or commercial business establishment in China;
- Having a domicile in China;
- Having Chinese nationality.
Individuals holding an individual industrial and commercial household license, and foreign enterprises without a business establishment in China, cannot use China as the Office of origin; they may consider using another member country as the Office of origin.
Basic Application / Basic Registration
You must first have a Chinese trademark application (acceptance suffices — registration is not required) or a registered trademark as the "basis." Note:
- The basic application need only have been filed and accepted, but the international registration remains subject to its stability for the first five years (central attack);
- It is advisable to file the international application after the basic application has passed substantive examination and refusal risk is low, reducing the probability of central attack.
Consistency Requirements
- The mark representation in the international application must be identical to that of the basic application;
- The applicant's name and address must match those of the basic application;
- The designated goods/services may only be selected or narrowed from the scope of the basic application — never broadened.
Other Practical Points
- File through the online service system of the CNIPA Trademark Office, completed in English;
- Fees: basic fee (CHF 653 for a black-and-white representation / CHF 903 for color) + fees for each designated country (individual-fee countries such as the US and Japan charge their own rates);
- If you have already engaged an agent for the domestic application, you may continue with the same agency for the international application.
In situations like this, it is advisable to consult a registered agent at MyTMBee first to assess whether a US trademark registration is needed before deciding on next steps.