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Release time:2026-06-17 Views: 1852

About the Author. Mark Xu, Chinese trademark lawyer, founder of LegalFly IP, Master Degree of International Law of Law School of Nanjing University (QS top 100, Chinese Mainland top 5). 8-year experience of trademark service, successfully registered 1,000+ Chinese trademarks for foreign clients.
WhatsApp: +86-167-8881-8032; E-mail: markxu@legalflyip.com
I. What is Trademark Protection of Chinese Customs?
Trademark protection of Chinese Customs refers to the protection of trademark rights implemented by Chinese Customs related to import and export goods.
II. Who and Why Need to Complete Trademark Recordation in Chinese Customs?
For those company whose products are sold, produced and manufactured in China, it is highly recommended to complete trademark recordation in Chinese Customs.
In short, if trademark recordation in Chinese Customs is completed, Chinese Customs protects trademark right of the owner in a proactive way against infringing products and goods, which is Protection Ex Officio, during the rest validity period of the trademark.
More shortly, Chinese Customs will proactively detain infringing products and goods in or out of China during the rest validity period of the trademark.
III. Scope of Trademark Protection of Chinese Customs
Trademarks registered in China National Intellectual Property Administration (CNIPA), or trademarks registered in World Intellectual Property Organization (WIPO) with extended validity covering China.
IV. Two Modes of Trademark Protection of Chinese Customs
Chinese Customs adopts two protection modes: Protection Ex Officio and Protection upon Application.
l Protection Ex Officio (Active Protection)
When Chinese Customs suspects that import and export goods infringe trademarks recorded in General Administration of Chinese Customs, it will proactively suspend the customs clearance process, notify the trademark owner, and detain the suspected infringing goods. This is the active protection mode adopted by Chinese Customs for trademarks.
l Protection upon Application (Passive Protection)
If a trademark owner discovers suspected infringing goods pending import or export, they may submit an application to Chinese Customs for protective measures, and Chinese Customs will detain the suspected infringing goods accordingly.
Chinese Customs will not conduct investigations on goods detained upon application; therefore, the trademark owner shall submit a lawsuit to Chinese courts over the infringement. This is the passive protection mode adopted by Chinese Customs for trademarks.
Item | Protection Ex Officio | Protection upon Application |
Prerequisite | Recordation in General Administration of Chinese Customs | No recordation prerequisite |
Initiator | Proactively initiated by Chinese Customs | Initiated upon application by the trademark owner |
Security deposit by trademark owner | Maximum CNY100,000 | Equal to the value of the detained goods |
Post-detention procedures | Chinese Customs conducts investigations and imposes penalties | Judicial proceedings |
V. Term of Protection
The protection takes effect upon approval by Chinese Customs, and expires on the expiration date of the trademark, which is, during the rest validity period of the trademark.
VI. Required Documents
Identity certificate of the trademark owner, trademark right certificate (i.e., Chinese trademark certificate), and other supporting documents. Our team prepare all relevant documents throughout the whole process.
VII. Time Required
Approximately 30 to 45 working days for full completion.
VIII. Service Fee
Our service fee for the Recordation is USD300 per trademark.
As for foreign companies and natural persons, it is not allowed that they apply for the Recordation by themselves, it must be completed through a Chinese agent.
IX. Practical Cases
l In 2025, the number of intellectual property rights recorded in Chinese Customs hit a new record: trademarks: 22,611 pieces; copyrights: 3,415 pieces; patents: 1,523 pieces.
l In 2025, Chinese Customs took intellectual property protective measures 53,400 times, detained 38,700 batches of infringing goods totaling 86.42 million pieces.
l On March 13, 2026, Shenzhen Customs inspected a consignment of exported toys and found undeclared T-shirts, cards, and mugs printed with the ‘FIFA’ logo, including 2,880 T-shirts, 28,800 sets of cards, and 600 mugs, which were preliminarily deemed suspected of trademark infringement. After confirmation by the trademark owner, the goods infringed the trademark rights of ‘FIFA’ and ‘FIFA WORLD CUP’. The whole shipment was eventually detained by Shenzhen Customs.
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