07 May 2025
If your business is manufacturing in or exporting to China, securing your trade mark through China Customs is one of the smartest — and most overlooked — ways to protect your intellectual property. Counterfeiting and brand misuse remain ongoing risks in international trade, but with a simple step, you can empower Chinese authorities to stop infringement before it affects your business.
This process is known as China Customs Intellectual Property Rights (IPR) Registration — and it’s a powerful tool that gives trademark holders a proactive line of defence.
What Is China Customs IPR Registration?
China Customs IPR Registration is a system where trade mark owners register their rights with the General Administration of China Customs (GACC). Once recorded, Customs can monitor shipments at China’s borders and proactively stop the import or export of counterfeit goods bearing your trade mark.
Without this registration, even if Customs spots a potentially infringing shipment, they cannot take action unless you submit a formal complaint. In essence, no registration means no protection. Also, if a 3rd party registers your trade mark first then you will face serious problems as China grants ownership to the 1st party to file an application and, once registered, such a registration can be used to block the export of your goods from China - even if you do not intend selling the goods in China.
Who Can Register?
Trade mark owners — whether based in China or overseas — can file for Customs recordation. However, foreign businesses must appoint a domestic (Chinese) agency to file on their behalf. This is a mandatory step if your business is located outside mainland China.
What Documents Are Required?
To complete the recordation process, you’ll need:
- A valid Chinese Trade mark Registration Certificate. If your trade mark was registered through the Madrid international system, you must request a Certified Copy of the trademark in China.
- Proof of identity of the trade mark owner or entity (e.g., business license or passport).
Once registered, your Customs protection lasts for 10 years and can be renewed.
Why Should You Register with China Customs?
Here are four compelling reasons why this recordation is not just helpful — it’s essential:
1. Customs Can Act Proactively to Stop Counterfeits
China’s Regulations on Customs Protection of Intellectual Property Rights make it clear: without prior registration, Customs has no legal authority to detain infringing goods on their own. Recordation is the only way to trigger their proactive enforcement powers.
This means that when your IP is registered, Customs can:
- Detain suspicious shipments
- Launch investigations into infringers
- Prevent counterfeit goods from reaching your customers or the market
2. It Makes It Easier for Customs to Spot Infringement
When you record your trademark, you provide Customs with:
- Information about your legitimate goods and branding
- Visual materials (photos, product packaging, logos)
- Details of known infringing goods
This practical intel gives Customs a clearer picture of what to look for during inspections. As a result, your brand is more likely to be flagged if it appears on suspicious goods — even without your involvement.
3. You Save Money on Enforcement Costs
If Customs identifies infringing goods, you’ll often need to post a security deposit while they investigate. Here's where registration pays off again:
- Registered rights holders pay a maximum deposit of USD $14,000
- You can even file a general bond in advance with Customs
- Unregistered holders must pay the full value of the detained goods, which can be far more costly and time-consuming
In short, registration reduces your risk and your financial exposure.
4. It Sends a Strong Message to Potential Infringers
Many counterfeiters and exporters operate under the assumption that foreign brands are unprotected in China. By registering with Customs:
- You signal that your brand is actively monitored
- You deter exporters who may otherwise traffic counterfeit versions of your product
- You help manufacturers, suppliers, and logistics companies recognise and avoid unintentional infringement
Even businesses acting in good faith can benefit — the registration system is searchable, allowing third parties to verify if a trade mark is protected before exporting or processing goods.
A Certified Copy: An Important Supplement
For Madrid trade mark holders, obtaining a Certified Copy of your Chinese trade mark registration is not just a formality — it’s often required for dealings with:
- Government agencies
- Business partners
- Legal proceedings
- Customs enforcement actions
This document shows the full legal record of your trademark rights in China and should be part of your essential IP toolkit.
Final Thoughts
For businesses operating globally, especially those manufacturing in or shipping to China, the China Customs IPR Registration is not optional — it’s strategic protection. It strengthens your legal position, cuts enforcement costs, and enables Chinese authorities to act in your favour without delay but only if you have protected your trade mark by registering it in China. Also, do not risk having a 3rd party register ahead of you and then discover that you can no longer manufacture in China.
Don’t wait until counterfeits show up in the market or you find your export shipments being blocked. Be proactive. Work with IP Solved as your trusted partner to handle the registration, prepare the necessary documents, and start protecting your brand today.
