China Customs trademark recordal is one of the most powerful yet underutilized tools for international brands fighting counterfeits. By registering your trademark with the General Administration of Customs (GAC), you empower customs officers to proactively seize counterfeit goods before they leave China.
What Is Customs Trademark Recordal?
Trademark recordal (备案) is the process of registering your IP rights with China Customs. Once recorded, customs officers at all ports—air, sea, land, and postal—can check shipments against your registered rights and detain suspected infringing goods.
Why Record Your Trademark?
- Proactive enforcement: Customs can seize counterfeits on their own initiative, not just upon your complaint
- Cost-effective: Compared to litigation, customs seizures are fast and relatively inexpensive
- Stops exports: Most Chinese counterfeits are exported; customs catches them at the border
- Evidence collection: Seizures provide valuable evidence for further legal action
How the Customs Seizure Process Works
Once your trademark is recorded, customs officers monitor shipments against your recordal at every port of entry and exit. When suspicious goods are detected, the following process unfolds:
- Detection: Customs officers inspect export or import shipments and identify goods bearing marks that match or resemble your registered trademark.
- Suspension: Customs suspends the goods and notifies both you (the rights holder) and the consignee.
- Verification: You have 3 working days to confirm whether the goods are genuine or infringing and to submit a written application for detention.
- Security deposit: You may be required to provide a guarantee or security deposit covering potential storage and destruction costs.
- Decision: If infringement is confirmed, customs seizes the goods, imposes administrative penalties on the exporter, and may destroy the counterfeit products.
- Evidence: The seizure records serve as strong evidence for follow-up civil litigation or criminal complaints.
Costs and Timeline
| Item | Details |
|---|---|
| Recordal application fee | Free of charge |
| Processing time | Approximately 30 working days |
| Validity | Valid for the term of the trademark registration |
| Security deposit for detention | May apply; amount depends on the value of the goods |
| Storage and destruction costs | Generally borne by the infringer once infringement is confirmed |
Preparing a Strong Application
- Provide clear photos of genuine products and packaging from multiple angles.
- List known counterfeit characteristics, such as common infringer names, fake packaging features, or typical export routes.
- Describe the genuine product’s price range so customs can flag suspiciously cheap shipments.
- Keep your recordal updated when you change packaging, add product lines, or amend your trademark registration.
- Consider recording not just your word mark but also logos, and renew the recordal alongside each trademark renewal.
Filing Requirements
- Valid Chinese trademark registration certificate
- Power of Attorney (notarized if foreign)
- Photos or descriptions of genuine products
- Known infringers or counterfeit characteristics (optional but helpful)
- Application fee: RMB 0 (free of charge)
Who Should Prioritize Customs Recordal
Recordal delivers the greatest value to brands in heavily counterfeited categories: consumer electronics, apparel, footwear, luxury goods, cosmetics, auto parts, and pharmaceuticals. If your products are exported into China or manufactured there, the border is your strongest enforcement point. Many brand owners also record their marks before launching in China, so protection is already in place when sales begin.
Limits of Customs Recordal and Complementary Tools
Customs recordal is powerful but not a complete enforcement solution. It primarily targets physical goods crossing borders. Counterfeiters increasingly sell online and ship in small parcels, so combine recordal with:
- E-commerce takedowns: Use platform IP complaint systems on Taobao, JD.com, Pinduoduo, and Douyin to remove infringing listings.
- Administrative enforcement: File complaints with local market supervision bureaus (AMR) for raids on warehouses and workshops.
- Trademark monitoring: Watch new CNIPA applications so you can oppose bad faith filings before they register.
- Litigation: For high-value counterfeiting operations, civil damages claims and criminal referrals create stronger deterrence.
Because counterfeit supply chains are increasingly complex, most successful brand protection programs in China use customs recordal as one layer in a multi-layered strategy rather than a standalone tool. Even if you have not yet encountered counterfeits, recordal is a low-cost insurance policy that prepares customs to act the moment infringing goods appear.
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Disclaimer: Customs recordal procedures may change. Consult a qualified IP professional.
