What the law requires when you file a trademark in China from Germany, the two routes open to you, and where the real difference lies.
An applicant for trademark registration or other trademark matters may handle the matter itself or entrust a lawfully established trademark agency to handle it. A foreigner or foreign enterprise applying for trademark registration or handling other trademark matters in China shall entrust a lawfully established trademark agency to handle them.
— Trademark Law, Article 18 (currently in force, through 31 December 2026)
Read together with Article 5 of the Implementing Regulations of the Trademark Law, which defines “foreigner or foreign enterprise” as one with no habitual residence or place of business in China. A foreign enterprise that already has a branch or representative office in China is not subject to this requirement and may file on its own.
From 2027-01-01, this provision becomes Article 11(2) of the Trademark Law (2026 revision)—the revision writes the above qualification directly into the article and adds “other foreign organizations.” The obligation itself is unchanged.
| Home IP office | German Patent and Trade Mark Office (DPMA) |
| Madrid Protocol | Contracting party—China can be designated via the Madrid route. |
| Paris Convention priority | Contracting party—can be claimed within six months of the first home filing. |
| Country-specific requirements in China | The same as for any other foreign applicant: a plain copy of your proof of legal status (company registration document) with a Chinese translation is all you need—no notarization or legalization; the power of attorney is signed or sealed by the applicant and likewise needs no notarization or legalization. You can file through Madrid or directly with CNIPA as a national application. Practical note: a plain copy of your commercial register extract (Handelsregisterauszug) with a Chinese translation normally serves as proof of legal status; for priority, the six months run from the filing date of your first application at the DPMA or the EUIPO—not from its publication date. |
Every agency does these things, and every agency should get them right. That is not where the difference lies.
A registration in Class 9 does not cover all of Class 9—only the similar groups you actually designated. A competitor can register your name in the same class, in the similar groups you left empty, and own it lawfully.
20+
3,000+
150+
20+
No—not if your company has no habitual residence or place of business in China. Article 18 of the Trademark Law requires such applicants to go through a lawfully established Chinese trademark agency. Companies that already have a branch or representative office in China are exempt and may file on their own.
No. CNIPA's filing guidelines ask for a plain copy of your proof of legal status, a Chinese translation and a signed power of attorney. China has applied the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents since 2023-11-07, but that has no effect on trademark filings—they have never required legalization.
German applicants can take either route. The Madrid route designates China through WIPO; on the national route a Chinese agency files directly with CNIPA. The two differ in cost, in how goods items are handled and in what happens after a refusal—see the comparison.
Nine months from the filing date, under Article 28 of the Trademark Law. After preliminary approval is published, there is a three-month opposition period (Article 33). From 2027-01-01, under the 2026 revision, the opposition period is shortened to two months.
12 months—most English-language articles will tell you 18 months; they have missed a layer. China has indeed made the 18-month declaration under Article 5(2)(b) and (c) of the Protocol. But Germany and China are both members of the Madrid Agreement as well as the Protocol, and under Article 9sexies(1)(b) of the Protocol neither the 18-month declaration nor the individual-fee declaration has effect between such dual members. So for a German applicant designating China under Madrid, the refusal period is the standard 12 months, and China's individual fee of CHF 220 does not apply (fees are calculated under the standard Madrid fee system, which is usually cheaper). Source: the text of Article 9sexies of the Protocol and WIPO's list of Madrid Union members (status as of 2026-07-08).
