What Is the Madrid Protocol?

The Madrid System, administered by WIPO (World Intellectual Property Organization), allows trademark owners to seek protection in multiple countries through a single international application. China joined the Madrid Protocol in 1989, and it has become one of the most popular routes for foreign applicants seeking Chinese trademark protection.

How Madrid Designation Works for China

1. Basic registration: You must first have a registered or applied-for trademark in your home country (the 'basic mark').
2. International application: File through your home IP office, designating China as one of the target countries.
3. WIPO formalities check: WIPO examines the application for formal compliance (2-3 months).
4. CNIPA examination: CNIPA has 12-18 months to examine the international registration. If no refusal is issued within this period, the mark is automatically protected in China.
5. Opposition period: If accepted, the mark is published for opposition (3 months).

Advantages of the Madrid Route

• Cost-effective: One application, one set of fees (in Swiss francs), one language (English, French, or Spanish). No need for separate Chinese agent fees for the initial filing.
• Simplified management: Renewals, assignments, and changes can be recorded centrally through WIPO.
• No power of attorney needed: Unlike direct CNIPA filing, Madrid does not require notarized POA documents.
• Fixed examination period: CNIPA must examine within 12-18 months, providing certainty.

Limitations to Consider

• Dependency on home registration: For the first 5 years, your international registration depends on your basic mark. If the home mark is cancelled or invalidated, the international registration collapses (central attack).
• No customization: The goods/services specification cannot exceed the scope of your basic mark. You cannot add classes in the international application.
• Slower overall: Although CNIPA's examination is faster, the WIPO stage adds 2-3 months before CNIPA even receives the file.
• Language barrier: If CNIPA issues a provisional refusal in Chinese, you'll need a Chinese agent to respond — eliminating some of the cost savings.

Madrid vs. Direct Filing: Which Should You Choose?

Choose Madrid if: You're filing in multiple countries simultaneously, need simple protection, and have a stable home registration.

Choose direct filing if: You need speed, your goods/services specification is complex, or you want customized prosecution strategy with a local expert.

Unsure which route is best for your brand? Search the CNIPA database to assess your risk before deciding.