If China Customs flags a shipment bearing your recorded trademark, you have three working days from service of the notice to request detention and provide security. If your own investigator finds the shipment first, you can apply directly to the port customs office, even without a prior recordal. The two routes have different evidence, security and court deadlines. Customs IPR Protection Regulations, Articles 12–16 and 24
How to record a trademark with China Customs
- Check your mainland China registration. Confirm the registered owner, the mark as registered, the covered goods and the expiry date. Use the evidence of protection in China when filing.
- Appoint a contact in China. An overseas owner must apply through its representative office in China or a locally appointed agent. For an agent, prepare the prescribed power of attorney.
- Submit the application through the Customs IPR Protection System. Enter the registration and owner details, upload the supporting documents, and provide information about authorised use and legitimate goods. Give Customs clear product and packaging photos, identifying features, and the names of authorised manufacturers and exporters where applicable.
- Track the recordal separately from the trademark registration. GACC charges no recordal fee and has 30 working days to decide once it receives the complete application. A recordal runs for ten years from approval, subject to the underlying right remaining protected. You can apply to renew it in the final six months. File a change or cancellation within 30 working days if the recorded particulars change. GACC application guide · Customs Implementing Measures, Articles 2 and 6–12 · Customs Regulations, Articles 8–11
Keep legitimate OEM shipments identifiable
If you manufacture through a Chinese factory, include accurate information about authorised use and legitimate goods in your recordal arrangements. Keep your contact informed when the factory, exporter or relevant product details change. The Regulations expressly address licence information and legitimate importers and exporters, and require changes to recorded particulars to be reported. Customs Regulations, Articles 7 and 11
As a practical preparation step, retain the brand authorisation, approved product and packaging photos, and documents connecting the factory to the exporter. If Customs questions a legitimate shipment, obtain the notice and arrange a prompt, evidence-based response. An authorisation letter does not guarantee release or settle a conflict with another right holder.
For the wider production review, see manufacturing in China. For records to retain after each shipment, use our export-only trademark use evidence checklist.
Which detention procedure applies?
| Customs flags goods under a recorded right | The owner identifies a specific shipment | |
|---|---|---|
| First step | Respond to the Customs notice. Submit the detention application and security within three working days of service. | Apply to customs at the port of entry or exit. Identify the shipment and submit evidence of apparent infringement. |
| Security | Below RMB 20,000 in cargo value, provide the full value. From RMB 20,000 to RMB 200,000, provide 50% of value with a minimum of RMB 20,000. Above RMB 200,000, provide RMB 100,000. | Provide security equal to the value of the goods within the time Customs sets. |
| After detention | Customs investigates within 30 working days from detention. If it cannot determine infringement, it must release the goods if it receives no court enforcement assistance notice within 50 working days of detention. | Arrange court relief promptly. Customs must release the goods if it receives no court enforcement assistance notice within 20 working days of detention. |
Customs Regulations, Articles 12–16 and 20–24 · Customs Implementing Measures, Articles 14–24
For example, on goods valued at RMB 80,000, the ordinary security would be RMB 40,000 following a Customs notice and RMB 80,000 for a direct shipment application. For recurring Customs alerts, an owner of a recorded trademark can apply for GACC approval to use a general guarantee. Budget separately for storage, handling and disposal costs, as well as potential liability for an improper detention request. Customs Implementing Measures, Articles 15, 23 and 24 · Customs Regulations, Articles 14, 25 and 29
What to send when a shipment is flagged
Give your local contact the notice, the registration and recordal numbers, and a brief comparison of the suspected goods against genuine goods. Check the shipper and consignee against your authorised trading partners. If images leave material questions open, ask Customs for permission to inspect the goods. For a direct application, include the product description, the parties, the likely port and timing, and transport details such as a container or bill of lading number if available. Track the service and detention dates separately so the team can act on the correct deadline. Customs Regulations, Articles 13, 16–18 and 23–24
Customs confiscates detained goods once its investigation establishes infringement. In the direct-application route, plan for court relief from the outset. Where a court order is needed to keep goods detained, plan around when Customs must receive the court’s notice. Filing the court application is only one step in meeting that deadline. Customs Regulations, Articles 23, 24 and 27