Yes. Chinese customs exercises border protection against trademark infringement at import and export: where the trademark right has been recorded with the General Administration of Customs, customs may proactively detain suspect goods on their own initiative; without recordal, the rights holder may still apply to customs at the entry or exit location for detention when discovering infringing goods about to be imported or exported, but must provide corresponding security.
Protection on Customs' Own Initiative After Recordal
Under the Regulations on Customs Protection of Intellectual Property Rights, after the rights holder completes IP recordal with the General Administration of Customs (valid for ten years and renewable):
- Where customs discover import or export goods suspected of infringing a recorded trademark right during supervision, they immediately notify the rights holder in writing;
- Within three working days from service of the notice, the rights holder confirms the infringement and submits a detention request and security;
- Customs detains the goods and investigates; where infringement is established, the goods are confiscated and a fine may be imposed on the consignor or consignee;
- Where a crime is suspected, the case is transferred to the public security authorities.
Protection on Application Without Recordal
Where the rights holder discovers infringing goods about to be imported or exported, it may apply to customs at the entry or exit location for detention, but must submit evidence sufficient to show that infringement is plainly evident and provide security equal to the value of the goods. This mode demands extremely timely information and is less practical than prior recordal.
Recordal Conditions and Materials
- The trademark must be registered and within its term;
- Submit the application, registration certificate, the rights holder's identity proof, licensing status, information on the goods and ports, etc.;
- File online through the GAC intellectual property customs protection system.
Applicable Scenarios
Customs protection is especially suited to foreign-trade brands and industries with high fake-goods export incidence (apparel, shoes and hats, bags, electronics accessories, etc.). Recordal is inexpensive and covers all ports; combined with domestic platform complaints and administrative enforcement, it cuts off the export channel of counterfeits at the same time, making it a highly cost-effective part of the enforcement system for brands going overseas.
If you are facing these issues, you may first run a trademark monitoring check on MyTMBee, confirm feasibility, and then decide whether to file—avoiding blind filings that waste official fees.