With the acceleration of global business expansion, an increasing number of Chinese applicants are choosing to register trademarks internationally through the Madrid System. This system provides a convenient and efficient route for cross-border brand protection. However, for international registrations designating China, the legal effect and procedural time limits are still governed by the Chinese Trademark Law and relevant regulations. This article begins with the determination of the date of international registration and then analyzes the key deadlines in procedures such as refusal, review of refusal, opposition, cancellation, and invalidation, illustrated with case examples to assist rights holders in managing critical procedural timelines.
I. Determination of the Date of International Registration
Under the Madrid System, the Date of International Registration not only determines the commencement of trademark rights but also directly affects subsequent deadlines such as refusal and opposition periods.
According to the Regulations under the Protocol Relating to the Madrid Agreement, the Date of International Registration depends on when the Office of Origin transmits the application to the International Bureau:
1. If the Office of Origin (e.g., the China National Intellectual Property Administration, CNIPA) transmits the application to the International Bureau within two months from the date it received the application, the date on which the Office of Origin received the application shall be the date of international registration;
2. If the transmission is made after two months, then the date on which the International Bureau actually receives the application shall be the date of international registration.
Assume an applicant submitted a Madrid international trademark application to CNIPA on January 5, 2025: If CNIPA transmitted the application to the International Bureau on or before March 5, 2025 (i.e., within two months), then the Date of International Registration is January 5, 2025; If CNIPA transmitted the application after March 5, 2025, such as on March 20, 2025, then the Date of International Registration is March 20, 2025.
Applicants need to pay close attention to the timing of transmission to secure an earlier registration date, which shortens the waiting time for protection to take effect.
II. Time Limits for Refusal and Review of Refusal
1. Time Limit for Refusal
When China is designated as a Contracting Party, the CNIPA may issue a refusal based on the examination standards of the Chinese Trademark Law. The refusal time limit varies depending on the legal status of the Office of Origin:1） If the Office of Origin is a member only of the Protocol (e.g., China, USA, Japan), the refusal period is 18 months from the date of notification;2） If the Office of Origin is a member of both the Agreement and the Protocol (e.g., Italy, Germany), the refusal period is 12 months from the date of notification.
The time limit starts from the date of notification by the International Bureau to China.
It’s worth noting that in MONITOR, this is usually indicated as Date of recording (date of notification from which the time limit to notify the refusal starts).
2. Time Limit for Filing a Review of Refusal
Upon receipt of the notice of refusal from the International Bureau, if the applicant disagrees with the decision, they may request a review of refusal with CNIPA.
According to the Chinese Trademark Law, the time limit for filing such a review is 30 days.
The time limit is calculated as follows: 15 days after the date on which WIPO notifies the holder, the document is deemed to be served, and another 15 days are granted for filing the request.
For example, if WIPO notified the holder on June 1, 2023, it is deemed served on June 16, 2023, the 30-day time limit ends on July 16, 2023.
III. Time Limit for Filing an Opposition
For international trademark registrations designating China under the Madrid System, the public retains the right to file an opposition according to the Chinese Trademark Law.
The opposition period is three months, starting from the first day of the month following the date of international publication.
For example, if the date of international publication is January 16, 2024, the opposition period starts on February 1, 2024; And the deadline is April 30, 2024.
This calculation differs from the domestic three-month opposition period, which starts on the date of publication, and should be observed carefully.
IV. Time Limit for Filing a Cancellation Request
Once an international registration designating China has been granted protection, a third party may request cancellation based on Article 49 of the Chinese Trademark Law.
The time limit is as follows:1. Under normal circumstances, the cancellation request may be filed three years after the expiration of the refusal period.2. If the trademark is still undergoing procedures such as review of refusal or opposition after the refusal period, the three-year period shall commence from the date when the decision to approve registration becomes effective, issued by CNIPA or the Trademark Review and Adjudication Department.
This provision is consistent with the non-use cancellation system after three consecutive years of non-use, to prevent trademark hoarding.
V. Time Limits for Invalidation
According to Articles 44 and 45 of the Chinese Trademark Law, any person or interested party may file an invalidation request against a registered trademark. This applies equally to international registrations under the Madrid System designating China.
1. Based on Article 44 (Malicious or Improper Registration)
The invalidation request shall be filed after the expiration of the refusal period; If the mark is still undergoing review or opposition, the request shall be filed after the approval decision becomes effective; There is no fixed time limit applies for the invalidation under Article 44, but the request must be based on clear violations of the law.
2. Based on Article 45 (General Disputes)
The invalidation request must be filed within five years from the expiration of the refusal period; If the registration decision is pending, the five-year period shall start from the date on which the approval decision becomes effective. But for cases involving malicious registration and where the rightful owner holds a well-known trademark, the five-year limit does not apply.
Conclusion
While the Madrid System simplifies the international trademark registration process, procedural time limits for registrations designating China must be strictly observed under Chinese law. Whether dealing with a refusal, review, opposition, cancellation, or invalidation, a well-designed strategy depends on accurate time management. It is strongly recommended that applicants assign dedicated personnel or seek professional legal counsel to monitor each procedural milestone and ensure the brand's rights are not compromised due to missed deadlines.
I. Determination of the Date of International Registration
Under the Madrid System, the Date of International Registration not only determines the commencement of trademark rights but also directly affects subsequent deadlines such as refusal and opposition periods.
According to the Regulations under the Protocol Relating to the Madrid Agreement, the Date of International Registration depends on when the Office of Origin transmits the application to the International Bureau:
1. If the Office of Origin (e.g., the China National Intellectual Property Administration, CNIPA) transmits the application to the International Bureau within two months from the date it received the application, the date on which the Office of Origin received the application shall be the date of international registration;
2. If the transmission is made after two months, then the date on which the International Bureau actually receives the application shall be the date of international registration.
Assume an applicant submitted a Madrid international trademark application to CNIPA on January 5, 2025: If CNIPA transmitted the application to the International Bureau on or before March 5, 2025 (i.e., within two months), then the Date of International Registration is January 5, 2025; If CNIPA transmitted the application after March 5, 2025, such as on March 20, 2025, then the Date of International Registration is March 20, 2025.
Applicants need to pay close attention to the timing of transmission to secure an earlier registration date, which shortens the waiting time for protection to take effect.
II. Time Limits for Refusal and Review of Refusal
1. Time Limit for Refusal
When China is designated as a Contracting Party, the CNIPA may issue a refusal based on the examination standards of the Chinese Trademark Law. The refusal time limit varies depending on the legal status of the Office of Origin:1） If the Office of Origin is a member only of the Protocol (e.g., China, USA, Japan), the refusal period is 18 months from the date of notification;2） If the Office of Origin is a member of both the Agreement and the Protocol (e.g., Italy, Germany), the refusal period is 12 months from the date of notification.
The time limit starts from the date of notification by the International Bureau to China.
It’s worth noting that in MONITOR, this is usually indicated as Date of recording (date of notification from which the time limit to notify the refusal starts).
2. Time Limit for Filing a Review of Refusal
Upon receipt of the notice of refusal from the International Bureau, if the applicant disagrees with the decision, they may request a review of refusal with CNIPA.
According to the Chinese Trademark Law, the time limit for filing such a review is 30 days.
The time limit is calculated as follows: 15 days after the date on which WIPO notifies the holder, the document is deemed to be served, and another 15 days are granted for filing the request.
For example, if WIPO notified the holder on June 1, 2023, it is deemed served on June 16, 2023, the 30-day time limit ends on July 16, 2023.
III. Time Limit for Filing an Opposition
For international trademark registrations designating China under the Madrid System, the public retains the right to file an opposition according to the Chinese Trademark Law.
The opposition period is three months, starting from the first day of the month following the date of international publication.
For example, if the date of international publication is January 16, 2024, the opposition period starts on February 1, 2024; And the deadline is April 30, 2024.
This calculation differs from the domestic three-month opposition period, which starts on the date of publication, and should be observed carefully.
IV. Time Limit for Filing a Cancellation Request
Once an international registration designating China has been granted protection, a third party may request cancellation based on Article 49 of the Chinese Trademark Law.
The time limit is as follows:1. Under normal circumstances, the cancellation request may be filed three years after the expiration of the refusal period.2. If the trademark is still undergoing procedures such as review of refusal or opposition after the refusal period, the three-year period shall commence from the date when the decision to approve registration becomes effective, issued by CNIPA or the Trademark Review and Adjudication Department.
This provision is consistent with the non-use cancellation system after three consecutive years of non-use, to prevent trademark hoarding.
V. Time Limits for Invalidation
According to Articles 44 and 45 of the Chinese Trademark Law, any person or interested party may file an invalidation request against a registered trademark. This applies equally to international registrations under the Madrid System designating China.
1. Based on Article 44 (Malicious or Improper Registration)
The invalidation request shall be filed after the expiration of the refusal period; If the mark is still undergoing review or opposition, the request shall be filed after the approval decision becomes effective; There is no fixed time limit applies for the invalidation under Article 44, but the request must be based on clear violations of the law.
2. Based on Article 45 (General Disputes)
The invalidation request must be filed within five years from the expiration of the refusal period; If the registration decision is pending, the five-year period shall start from the date on which the approval decision becomes effective. But for cases involving malicious registration and where the rightful owner holds a well-known trademark, the five-year limit does not apply.
Conclusion
While the Madrid System simplifies the international trademark registration process, procedural time limits for registrations designating China must be strictly observed under Chinese law. Whether dealing with a refusal, review, opposition, cancellation, or invalidation, a well-designed strategy depends on accurate time management. It is strongly recommended that applicants assign dedicated personnel or seek professional legal counsel to monitor each procedural milestone and ensure the brand's rights are not compromised due to missed deadlines.