[Direct answer]In the Beijing area, there are mainly two paths for trademark registration: Madrid International Registration and single-country or regional applications. According to the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), trademark users can seek protection abroad through international trademark registration and other means. China has joined the Madrid Agreement Concerning the International Registration of Marks and its Protocol, and applicants can file an international registration with the International Bureau of the World Intellectual Property Organization based on a domestic basic trademark or application, and designate the countries or regions where they wish to obtain protection.

I. Problem Background and Typical Scenarios

When a company expands overseas, if its trademarks are not registered in advance, it often faces the risks of being preemptively registered by others, being sued for infringement, or being unable to list its products for sale. Typical scenarios include: products have been exported but the overseas trademarks have not been registered, and the company faces complaints after others preemptively register them; when planning to enter cross-border e-commerce platforms, the platforms require the provision of trademark registration certificates for target countries; when designating multiple countries through the Madrid System, some countries issue rejection notices that require local agents to respond; only registering core categories without covering related products or services; or having a trademark rejected in a target country due to conflicts with prior rights. When planning overseas trademark registration, companies in the Beijing area typically need to consider both the registration path and subsequent protection measures. It should be noted that such disputes often involve both factual determination and procedural requirements, with relevant materials often scattered among both parties. Given the short timeframes and high professional complexity, the earlier the evidence is systematically organized and the timeframes and legal basis are clarified, the greater the options for subsequent negotiation or litigation, and the better the chances of avoiding losing advantageous positions due to procedural errors. During specific analysis, it is recommended to take the timeline as the main line, and to correspond contractual documents, certificates, correspondence records, and relevant legal bases one by one, forming a clear processing framework that facilitates the determination of the chronological order and feasibility of various claims.

II. Key points of dispute

First, choose whether to apply for international registration in Madrid or in a single country or region. Second, determine whether the basic trademark or application meets the requirements for international registration. Third, check whether the target countries are members of the Madrid System and understand their review characteristics. Fourth, ensure that the categories and product/service items selected cover both actual and potential business operations. Fifth, evaluate the search for prior rights and the risk of trademark similarity. Sixth, manage renewal, amendment, and response to rejections after international registration. Seventh, verify whether the subject claiming rights is qualified and whether any necessary counterparties or jointly liable parties have been omitted. Eighth, ensure compliance with relevant deadlines and procedural requirements, and determine whether claims can still be made after the deadline. Ninth, identify and prove the scope of losses, causality, and the degree of the parties' own faults based on specific materials. Additionally, attention should be paid to the legality of evidence, whether key facts can be corroborated, and the differences in cost, time, and feasibility among different processing options. On this basis, determine the priority path to proceed with.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the overseas trademark layout should follow the order of first searching, then registering, and finally protecting rights. Firstly, conduct a global and target-country trademark search to assess the risk of similarity and conflict, and avoid blind applications being rejected or sued for infringement in the future. Secondly, choose the path based on the market and budget: the Madrid System is suitable for enterprises that rely on domestic basic trademarks and need to designate multiple countries at once, with relatively centralized costs and convenient management; single-country or regional applications are suitable for key markets and situations requiring faster or more flexible acquisition of rights, and can also be used in countries outside the Madrid System. Thirdly, reasonably select categories and product/service items, taking into account current business and future expansion, and avoiding leaving protection loopholes due to incomplete categories. Fourthly, appoint an agency to track review, rejection, and objection procedures in various countries, and respond in time to avoid losing rights. Fifthly, pay attention to the renewal deadline and preservation of use evidence after registration, and prepare for possible objections, revocations, or rights protection. Lawyers can assist in formulating layout plans, reviewing contracts and agency agreements, and providing protection support in preemptive registration and infringement disputes.
This case is handled by Beijing Henglu Law FirmLiu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, conduct a trademark search and risk assessment for the target country; Second, choose the Madrid System or a single-country path based on the market and budget; Third, select categories and goods/services items reasonably; Fourth, entrust a professional agent to track the review and response to rejections; Fifth, retain evidence of use and pay attention to the renewal deadline; Sixth, take legal action promptly if you detect cybersquatting or infringement. For matters related to trademark and intellectual property protection, you can refer to the following resources for further guidance:Intellectual property protection and corporate lawFor matters involving foreign affairs and cross-border transactions, you may refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entitiesLegal basis: The Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019) and the Madrid Agreement Concerning the International Registration of Marks and its Protocol. The specific application shall be subject to the currently effective laws, regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, overseas trademarks should be registered in advance, as it is costly to protect rights after registering them. Secondly, searching is a necessary step before registration, which can significantly reduce the risk of rejection and infringement. Thirdly, the choice of path should be based on market conditions, budget, and time requirements. Fourthly, the selection of categories and projects should cover both existing and potential businesses. Fifthly, post-registration rejection, objection, and renewal management are equally important. For those involved in overseas trademark registration and intellectual property protection, they can seek assistance through the following channels:Intellectual property protection and corporate lawThe service is supported and can be integrated with cross-border transactions and compliance-related matters.Financial capital and cross-border transactions involving foreign countriesFor reference, please refer to the contract regarding brand licensing and cooperation between the two partiesBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: What are the two paths for registering a trademark abroad?

First, the Madrid International Registration, based on a domestic trademark or application, is submitted to the International Bureau of the World Intellectual Property Organization through the trademark authority and designated target countries or regions. Second, a single country or region application is directly submitted to the competent authority of the target country or region, which is suitable for non-members of the Madrid System or situations requiring more flexible arrangements. The cases differ greatly in terms of evidence form, liability ratio, and procedural nodes. Relevant requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication, and service to avoid the results being affected by insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q2: What are the advantages and disadvantages of registering in Madrid?

The advantages are that the fees are relatively concentrated, multiple countries can be designated at once, and subsequent changes and renewal management are more convenient. The disadvantage is that it relies on domestic basic trademarks, and when a country rejects the application, it is still necessary to entrust a local agent to deal with it. Whether to choose it should be judged comprehensively based on the scope of target countries, budget and time requirements. Individual cases vary greatly in terms of evidence form, responsibility ratio and procedural nodes, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and keep records of reminders, communication and service delivery to avoid the results being affected by insufficient evidence or the expiration of time limits. The specific plan should be determined by a professional lawyer after evaluating the complete materials.

Q3: Can I apply directly without searching first?

It is not recommended. If you do not conduct a prior trademark search, your application may be rejected due to similarity with existing trademarks, or you may face infringement claims from others in the future. Conducting a prior trademark search and risk assessment in the target country before registration can significantly reduce the probability of rejection and the cost of subsequent disputes, making it an essential step in overseas trademark planning. However, cases vary greatly in terms of evidence forms, liability ratios, and procedural timelines, and related requests are usually subject to statutory time limits. It is recommended to secure written evidence as soon as possible, assert rights in a timely manner, and maintain records of reminders, communications, and service notifications to avoid unfavorable outcomes due to insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q4: How to choose the registration category?

The core categories should be selected based on the actual products or services being operated, and related categories and future expansion directions should be appropriately covered to avoid leaving protection gaps. Cross-border e-commerce and multi-category operation enterprises, in particular, need to pay attention to the completeness and accuracy of categories and product/service items. Cases vary greatly in terms of evidence form, liability proportion, and procedural milestones, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as early as possible, assert rights in a timely manner, and retain records of reminders, communications, and service delivery to avoid being affected by insufficient evidence or expired time limits. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

Q5: What should I do if my trademark is preemptively registered by someone overseas?

It is necessary to collect evidence of prior use and popularity as soon as possible, and evaluate the situation in accordance with the laws of the target country to resolve disputes through methods such as objections, invalidation declarations, revocation, or negotiated transfers. At the same time, it is important to strengthen the company's trademark portfolio. If there are platform complaints or infringement claims, it is advisable to entrust local and domestic professional lawyers to handle them jointly. Cases vary greatly in terms of evidence form, liability proportion, and procedural deadlines, and related requests are usually subject to statutory time limits. It is recommended to fix written evidence as soon as possible, assert rights in a timely manner, and retain records of reminders, communications, and service notifications to avoid adverse outcomes due to insufficient evidence or missed deadlines. Specific solutions should be determined by professional lawyers after evaluating the complete materials.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.