# CNIPA's answers on priority claims and Madrid marks

CNIPA's published replies from 2019 to 2022 on priority documents and deadlines, and on Madrid marks in China: proof of registration, non-use timing, and changes.

Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-answers-priority-and-madrid
Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-answers-priority-and-madrid/index.md

## TLDR

CNIPA's published replies from 2019 to 2022 on priority documents and deadlines, and on Madrid marks in China: proof of registration, non-use timing and changes.

## Guide

Replies CNIPA published from 2019 to 2022 to questions about priority claims and about Madrid marks in China, translated by Ginbing. Each reply links to its Chinese original on CNIPA's website.

## About these replies

- **Official source.** [Trademark registration questions](https://www.cnipa.gov.cn/jact/front/mailpublist.do?sysid=13), the public column where CNIPA answers trademark questions. Each reply links to its official page.
- **Issued by.** CNIPA
- **CNIPA's dates.** Each reply shows the date CNIPA answered. All of them date from 2019 to 2022.
- **Checked against the official page.** November 6, 2026

> These are replies to individual questions. They are not rulings, and CNIPA decides each case on its own facts. The translations are Ginbing's own, not official, and Ginbing is not part of CNIPA. Only the Chinese text is official. Each heading is Ginbing's short summary of the point the reply answers; the asker's own words, which may cover other points, are on the official page. Greetings and contact details are left out, and long replies are shortened to the parts that answer the question.

> **Warning:** These replies are older than those on CNIPA's other answer pages, and each states the position on its date. Where a [later reply](/docs/china-trademark/cnipa-answers-refusal-opposition-madrid) or CNIPA's current guide differs, rely on the later source. They were written under the 2019 Trademark Law, and the [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, with [some changed rules and article numbers](/docs/china-trademark/2027-trademark-law-changes). Fees and procedures can also change. Check the current rule before relying on one of these replies.

## What must a priority claim include, and when must the documents be filed?

> To claim priority, submit a written declaration, and at the same time or within three months from the filing date submit the priority documents, including the original and a complete Chinese translation. Without a written declaration, or if the fields for the country or region of application or exhibition, its date, or the application number are incomplete, priority is treated as not claimed. If the priority documents are late or incomplete, or do not suffice to prove the right of priority, the priority is invalid.
>
> [CNIPA reply of January 11, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=382110), translated by Ginbing

## Can an EU applicant's priority documents be submitted electronically when they go in together with an online filing?

> Submitting the electronic version together with the online filing is enough.
>
> [CNIPA reply of August 25, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=333588), translated by Ginbing

## If items in a priority application go beyond the earlier filing, is a correction notice issued or is priority lost?

> The priority is invalid.
>
> [CNIPA reply of May 25, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=355519), translated by Ginbing

## What does CNIPA suggest when the foreign filing used non-standard goods?

> It is recommended to find substitute goods in the Similar Goods and Services Table, in the same similarity group as the non-standard goods, and to provide a written explanation of the non-standard goods, in order to keep the claim to priority.
>
> [CNIPA reply of January 31, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=49936), translated by Ginbing

## Can priority still be claimed after the time limit if the pandemic caused the delay?

> Once the time limit has passed, it cannot be done.
>
> [CNIPA reply of July 7, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=60295), translated by Ginbing

## Can a Chinese company claim priority from its own earlier filing abroad?

> This is not limited by the applicant's nationality.
>
> [CNIPA reply of November 22, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=46141), translated by Ginbing

## Is a correction notice issued before priority is treated as invalid?

> Priority has no correction stage.
>
> [CNIPA reply of November 19, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=45888), translated by Ginbing

## Must EU and US priority documents be notarized?

> Providing the original priority document issued by the office is enough.
>
> [CNIPA reply of October 18, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=43724), translated by Ginbing

## The priority document and the proof of status show different addresses: which goes on the Chinese application?

> The address on the proof of status.
>
> [CNIPA reply of October 19, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=372440), translated by Ginbing

## The foreign filing left out a middle name that the passport shows: what is needed for the priority claim?

> A written explanation describing the situation clearly must be submitted at the same time.
>
> [CNIPA reply of December 8, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=341036), translated by Ginbing

## Can an international registration designating China change its agency or document recipient in China?

> Before registration is approved, a change of agency or document recipient can be filed. For a mark whose registration has been approved, only a change of document recipient can be requested.
>
> [CNIPA reply of March 15, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=387134), translated by Ginbing

## When can non-use cancellation be filed against an international registration?

> An application to cancel an international registration must be filed with CNIPA after three years from the day the refusal period for the international application ends. If refusal review or opposition proceedings are still pending when that period ends, it must be filed after three years from the day CNIPA's decision to allow registration takes effect.
>
> [CNIPA reply of December 27, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=380459), translated by Ginbing

## What is the proof of registration for a Madrid mark, and does it have the same effect as a registration certificate?

> You can apply to the Trademark Office for proof of Madrid international registration. This written proof is issued for the convenience of Madrid registrants and has the same legal effect as a Trademark Registration Certificate. The applicant must be the registrant of the Madrid mark. A registrant that is a foreigner or foreign company must appoint a trademark agency on file with the Trademark Office.
>
> [CNIPA reply of October 19, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=337755), translated by Ginbing

## A Chinese online platform does not accept a Madrid mark's proof of registration: can the owner also file a Chinese application for the same mark and class?

> Checked for you: yes, it can.
>
> [CNIPA reply of November 6, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=338420), translated by Ginbing

## Does a mark that went only through territorial extension have a trademark certificate?

> It has no trademark certificate.
>
> [CNIPA reply of August 26, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=333689), translated by Ginbing

## A foreign owner holds both Chinese and international registrations: must a name or address change cover both?

> They must be handled together. For international registrations, the change is handled at the International Division.
>
> [CNIPA reply of October 18, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=372496), translated by Ginbing

## How is a Madrid mark's owner told about a non-use cancellation?

> The notice to provide use evidence goes to the domestic recipient, with a copy to the agency.
>
> [CNIPA reply of October 29, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=373632), translated by Ginbing

## Does the statutory time limit of 12 months at most also apply to non-use examination of a Madrid mark?

> It is subject to the same limit.
>
> [CNIPA reply of May 25, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=57346), translated by Ginbing

## Related pages

- [CNIPA's answers on refusal, opposition and Madrid](/docs/china-trademark/cnipa-answers-refusal-opposition-madrid)
- [Madrid or direct filing](/docs/china-trademark/madrid-vs-direct)