Intellectual Property Protection & Monetization
Recording trademarks at China Customs will allow the field offices of China Customs to voluntarily monitor and detain the infringing goods from exporting from or importing to China.
Fill out the questionnaire below to order a trademark recordation service.
Customs and border control in China can be of great use for companies in protecting your IPR. China Customs is a government agency that supervises and manages all arrivals in and departures from the Customs territory of the mainland of the People’s Republic of China.
If you record the IPR at China Customs, the Customs officials can take proactive measures to detain infringing goods to facilitate IPR enforcement.
The IPR recordal system is nationwide, which means every official at every port can view the IPR information and helps you enforce your IPR.
Normally within 30 days after receiving the application. However, if there is any office actions, the responding time is not calculated into this 30-day period.
When Customs finds potentially infringing goods, they will issue an official Notification to the IPR owner (you) or its appointed agent (us). An official Notification includes info such as the name of the consignor, the number and value of the goods detained, the amount of deposit required to be paid by the IPR owner, and place of exportation or importation.
Once the IPR owner receives the Notification, it is important to immediately contact the relevant Customs field officials and ask the officials to provide pictures of the detained goods which will help the IPR owner to verify whether the goods are counterfeits. In case of distribution of products, the IPR owner needs to verify whether the consignor is an authorized/licensed distributor.
Quick actions are required. The field Customs generally requires three days for IPR owner to determine whether the products are counterfeits and whether they need to be detained. In case of detainment, the IPR owner must provide a deposit to cover for any potential losses to the consigner/consignee in case of wrongful confiscation of the products as well as for costs related to the activities of the customs such as storage and destruction of infringing goods.
In case of counterfeit products, the customs official will interrogate and investigate the consignor. The consignor will be given a chance to defend himself by providing an authorization or other materials to prove the legitimacy of the goods.
The recordal is valid for 10 years or the remaining period of your trademark registration whichever is shorter. Before the expiry date, a renewal application must be submitted to the China Customs.
Let us know your problems and we will come up with a strategy to help you.
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