You Need a China Brand Protection Strategy

China’s position as a global manufacturing hub makes it a fertile ground for counterfeit goods, and China leads the world in counterfeiting, by far.

To protect your intellectual property (IP) effectively in China, a strategic approach is essential. This guide will walk you through the key steps—from trademark registration to collaborating with China Customs—to ensure comprehensive protection against counterfeiting.

Step 1: Secure Your Trademarks in China

The cornerstone of any China IP strategy is registering your trademarks with China’s Trademark Office. Since China operates on a first-to-file basis, you have no legal rights to a trademark unless it is officially registered.

Why China Trademark Registration Matters:

  • A registered trademark grants you the legal capacity to enforce your rights in China.
  • It serves as the foundation for further actions, such as customs registration and legal enforcement against counterfeiters.

However, registering a trademark alone won’t stop counterfeit goods. It’s a crucial first step in a broader IP protection strategy, which should also cover copyrights and patents registered in China.

Note: Even if your product is made in China but sold only outside China, you still need a China trademark. See Manufacturing in China: China Trademark Registration Should Be the FIRST Thing You Do.

Step 2: Register with China Customs

To prevent counterfeit goods from leaving China, registering your trademark with China Customs is a necessity.

How It Works:

  • Chinese customs officials typically enforce a company’s IP rights only if their trademark, copyright, or patent is registered in the China Customs database.
  • Without registration, China Customs may overlook potential infringements, even if they match the Trademark Office database.

Step 3: Gather Required IP Documentation

To register your IP with China Customs, prepare and submit the following:

  • Business License: A copy of your business license or certificate of incorporation, translated into Chinese.
  • Registration Certificate: A copy of your Chinese registration certificate for the trademark, copyright, or patent.
  • Power of Attorney: A valid Power of Attorney authorizing your China representative to act on your behalf.
  • Product Images: Pictures of your products and their packaging for identification purposes.

Step 4: Post-Registration Actions

Once registered, China Customs will monitor outgoing shipments for potential IP infringements. Here’s what you can expect:

  • Notification of Infringement: If China Customs identifies a shipment of potentially infringing goods, they will alert you.
  • Request for Seizure: You have three working days to request the seizure of goods and post a bond.
  • Inspection and Action: Upon inspection, if infringement is confirmed, China Customs will:
    • Donate the goods to charity (if infringing marks can be removed), or
    • Destroy the goods, with costs deducted from your bond.

Note: Transparency in the destruction process is limited, so you will need to trust Customs’ procedures.

Step 5: Build Relationships with China Customs Officials

A strong relationship with China Customs can significantly enhance your anti-counterfeiting strategy. Consider these proactive steps:

  • Meet with Customs Officers: Introduce your products and explain how to distinguish genuine items from counterfeits.
  • Participate in Workshops: Attend workshops and events organized by Customs to demonstrate your commitment to collaboration.
  • Target Key Ports: Schedule meetings at critical ports to maximize enforcement effectiveness.

Timeframes and Expectations

  • China Trademark Registration: Obtaining a trademark certificate typically takes 8–10 months.
  • China Customs Registration: Registering with China Customs takes an additional 3–5 months after receiving your trademark certificate.
  • Total Timeframe: Within 11–15 months of filing your trademark application, China Customs can begin intercepting counterfeit goods.

A Real-World China IP Success Story

One of our clients, a Puerto Rican tech-device manufacturer, registered their IP with China Customs. Just months later, China Customs alerted them to a massive shipment of potentially infringing goods. After requesting a seizure, the goods were inspected, confirmed as counterfeit, and ultimately destroyed. This strategy safeguarded our client’s brand integrity and market position.

Protect Your Brand from China!

Don’t wait to protect your brand in China. Here’s your roadmap:

  1. Register Your China Trademarks: Start with the China Trademark Office.
  2. Engage with China Customs: Register your trademarks, copyrights, and patents with China Customs.
  3. Build Relationships: Actively collaborate with China Customs officials.

By following these steps, you can reduce counterfeiting of your products and safeguard your brand’s reputation.

Conclusion

Registering your trademarks in China and working with China Customs are indispensable elements of an effective anti-counterfeiting strategy. Take action today to protect your brand from China counterfeiting.

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Fred Rocafort

Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s.

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