What the law requires when you file a trademark in China from the United States, 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 | United States Patent and Trademark Office (USPTO) |
| 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: the broad goods descriptions common in US filings (such as “computer software”) must be rewritten in China as standard terms from the Chinese Classification of Similar Goods and Services, or you will receive a notice to amend—best to have your agent convert them before filing. |
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.
US 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.
18 months. China has declared under Article 5(2)(b) and (c) of the Madrid Protocol that the time limit for notifying a refusal is 18 months, and that a refusal based on an opposition may be notified even after that period. The United States is a party to the Protocol only, not to the Madrid Agreement, so the declaration applies in full to US applicants. Source: the China footnote and the members' declarations page of WIPO's list of Madrid Union members (status as of 2026-07-08).
