National registration (also called country-by-country registration or direct national filing) is the route in which an applicant engages a local agent in the target country to file directly with that country's trademark office and obtain registration. Together with the Madrid System, it is one of the two main channels for overseas trademark layout.
Basic Characteristics
- Fully independent rights: registrations in different countries do not depend on one another and presuppose no home application or registration — there is no central-attack problem;
- Local agent mandatory: the vast majority of countries require foreign applicants to act through a locally practicing agent (attorney, benrishi, or trademark agent);
- One country, one procedure: application, examination, publication, opposition and renewal all proceed independently under that country's law.
Comparison with Madrid Registration
| Dimension | National Registration | Madrid Registration |
|---|---|---|
| Basis requirement | No home basis needed | Home application/registration required |
| Independence of rights | Fully independent | Subject to central attack for 5 years |
| Cost (multi-country) | Accumulates country by country; high total | Consolidated; cheaper for many countries |
| Management | Country-by-country renewals and changes | Centralized at the International Bureau |
| Coverage | Any country | Member countries only |
| Goods description | Tailored to each country's practice | Must match the home basis |
When to Use It
- The target country is not a Madrid member: e.g., some Middle Eastern and South American countries, where national registration is the only option;
- Entering only one or two markets: Madrid's cost advantage is slim with very few designations, so filing directly is cleaner;
- The home basis is unstable: if the basic mark carries refusal or invalidation risk, register directly to steer clear of central attack;
- A localized filing strategy is needed: e.g., US goods descriptions requiring precise drafting, or Japan requiring adjustment to local examination standards;
- China cannot serve as the Office of origin: e.g., a foreign entity without a Chinese business establishment, or a basic application not yet filed.
Practical Points
- Choosing local agents: engaging through a domestic agency's international cooperation network is usually cheaper than approaching a foreign firm directly;
- Document requirements vary: some countries require notarized and legalized powers of attorney, declarations of use, and the like — allow preparation time;
- Use priority: under the Paris Convention, filing in other member countries within six months of the first filing lets you claim priority and preserve the filing date;
- Build your own maintenance calendar: terms (10 years in most countries, 7 in Macau), renewal windows and use-declaration milestones differ by country — maintain a country-by-country file.
Common Misconception
Thinking national registration is "more formal and therefore worth the premium" — in fact, the rights obtained through either route have exactly the same effect. The choice depends on the country portfolio, the stability of the basis, and management cost, not on the "quality" of the right.
The application of these concepts in practice involves detailed differences; you can consult a registered agent at MyTMBee for targeted analysis before proceeding.