HomeFiling from abroadTrademark registration in China for UK companies

Filing from abroad

Trademark registration in China for UK companies

What the law requires when you file into China from the United Kingdom, the two routes open to you, and where the real difference lies.

An applicant may handle a trademark registration application or other trademark matters on its own or through a lawfully established trademark agency. 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 the matter.

Trademark Law, Article 18 · 《商标法》第十八条 — in force through 31 December 2026

Read with Article 5 of the Implementing Regulations, which defines "foreigner or foreign enterprise" as one with no habitual residence or place of business in China. A foreign company that has a branch or representative office here is not caught by this and may file on its own.

From 2027-01-01 this becomes Trademark Law (2026 Revision), Article 11(2) of the 2026 Revision, which writes the limitation into the statute itself and adds "other foreign organisation". The obligation is unchanged.

What applies to you

Home officeUKIPO (UK Intellectual Property Office)
Madrid ProtocolMember — the Madrid route to China is open.
Paris Convention priorityMember — six months from your home filing.
Country-specific requirements in ChinaNot verified country by country. Ask us and we will check it for your case.

Where the difference is

The administration

  • Filling in the CNIPA forms
  • Paying the official fee
  • Keeping the docket and the deadlines
  • Forwarding what the examiner sends back

Every agency does this, and every agency should do it correctly. It is not where the difference is.

The decision that lasts ten years

  • Which subclasses actually cover what you sell
  • Which of the ten free items to spend, and on what
  • Whether someone already holds your mark here
  • What to do when the examiner refuses

A mark registered in class 9 does not cover class 9 — it covers the subclasses you claimed. A competitor can register your name in the same class, in a subclass you left empty, and be entitled to it.

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Questions

Can a UK company file in China on its own?

No, not if it has no habitual residence or place of business in China. Article 18 of the Trademark Law requires such an applicant to act through a lawfully established Chinese trademark agency. A company that already has a branch or representative office in China is not caught by this and may file on its own.

Do we need an apostille or notarisation?

No. CNIPA's filing guide asks for a photocopy of the home registration certificate, a Chinese translation, and a signed power of attorney. China acceded to the Apostille Convention effective 2023-11-07, but that changed nothing here — trademark filing never required legalisation.

Madrid or a national filing?

Both are open to UK applicants. The Madrid route designates China through WIPO; a national filing goes straight to CNIPA through a Chinese agency. They differ in cost, in how the specification is treated, and in what happens on refusal — the comparison is here.

How long does CNIPA take to examine?

Nine months from filing, under Article 28 of the Trademark Law. Preliminary publication then opens a three-month opposition window (Article 33). From 2027-01-01 that window narrows to two months under the 2026 Revision.

What is China's refusal period under Madrid?

We have not verified this. The WIPO member profile page we would cite returns 404, and we will not state 12 or 18 months without an official source. If this matters to your filing, ask us and we will obtain it in writing before you rely on it.

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