If you are the foreign brand in China · OEM / export customs · Going-global playbook · IP flagship.
Your China trademark does not travel. Protect the US shelf or Amazon listing with a USPTO registration (use in commerce / ITU + specimens). Protect the EU with an EUTM or national marks. Madrid is efficient for many designations but a hit on the home China mark can cascade (central attack). Search each register before you buy ads. Write goods/services in the local idiom — China subclasses do not paste into USPTO. Decide whether the WFOE, HK holdco or parent files. Never let a distributor register “for you” in their name. If someone already filed abroad, the fight/buy/rebrand logic is the same as China — different office.
At a glance
| Question | Short answer |
|---|---|
| Does a China TM cover the US? | No. |
| Madrid enough alone? | Handy, not a waiver of local examination or US use. |
| US special? | Use / specimens / Office Actions. |
| EUTM? | One filing, all member states — still opposable. |
| Who should own it? | Usually the group entity that will license and sue — document it. |
| Amazon Brand Registry? | Needs the local registration, not a business licence translation. |
Scope and legal framework
Paris Convention priority. You typically have six months from the first regular filing to claim priority in other Paris countries. Diary it. Shipping goods is not a substitute for a filing date.
Madrid Protocol. One international application based on a home mark, then designations. Efficient docketing. The home mark must stay alive; a successful attack on the base can take designations down during the dependency period.
USPTO use-in-commerce / EUIPO unitary mark. The US still wants bona fide use (or a timed statement of use). The EUTM is unitary — one opposition can affect all member states. Neither office treats a CNIPA class heading as a finished specification.
Practical workflow
- Write who owns the brand and who will file (WFOE vs HK vs parent).
- Search each target register and the obvious Amazon/Tmall squatters.
- Choose Madrid, national, or a hybrid (often US national + Madrid for the rest).
- Localise the goods/services; keep a China-class map only as an internal table.
- For the US, plan specimens and the use clock from day one.
- Watch + renew; do not let the China base mark lapse if Madrid depends on it.
Common mistakes
- Letting the importer file in their name.
- Treating Madrid as “registered everywhere.”
- US specimens that are mockups or China-only packaging.
Action checklist
- Owner entity written down.
- Target markets ranked.
- Searches done before the campaign.
- Madrid vs national chosen per market.
- US use plan if the US is on the list.
- Distributor contract: they do not own the mark.
Find IP counsel
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