Brand protection is not just a strategic move, it’s a vital lifeline. This article serves as a comprehensive guide to crafting an effective brand protection strategy in China, emphasizing the importance of trademark registration and the crucial role of China Customs in combating counterfeit goods.
1. The Foundation-Registering Your Trademark in China
The first step in any robust China IP strategy is to register your trademarks with China’s Trademark Office. As a first-to-file country, China grants rights to the first applicant, no evidence of actual using of the trademark is required. So, making trademark registration is an urgent priority.
While a trademark registration alone won’t eradicate counterfeit goods, it equips you with the legal capacity to enforce your rights and should be a cornerstone of your overall IP strategy. For more information regarding registering your trademark in China, you may check our previous post: Filing a Trademark Application in China
2. Expanding Your Protection-China Customs Registration
For companies serious about curbing counterfeit goods originating from China, the next strategic move is to register your trademark with China Customs. This step is not just a legal formality but a practical necessity. Customs officials, while empowered to check every outgoing shipment, primarily screen against their own database. Without a registration, your brand is left vulnerable to counterfeit exports.
3. China Customs Trademark Registration Essentials
The process of registering your trademark, copyright, and/or patent with China Customs involves submitting several key documents, including a business license, registration certificate of the IP involved, power of attorney, and product images. This step is crucial for brands seeking to prevent the unauthorized use of their intellectual property on exported goods.
4. Seizure and Destruction-The Post-Registration Move
Registration with China Customs initiates a proactive defense against counterfeiting. Upon discovery of potentially infringing goods, Customs will notify you, providing a brief window to request seizure. If you choose to proceed, Customs will inspect the goods, and if found infringing, they will typically be destroyed or donated, with the associated costs deducted from your provided bond.
5. Understanding Timeframes and Actions
The timeline for registering with China Customs is approximately three to five months, contingent upon receiving a trademark certificate from China’s Trademark Office, which itself takes about nine to twelve months. This means that around fifteen months from filing your application, your brand could be protected from counterfeit exports.
In our opinion, registration with China Customs is actually the best cost-effective move to stop counterfeiting, it will cut the supply chain of the counterfeiting goods and even better yet, customs seizure may be used as strong evidence to sue the counterfeit factory. All you have to do is to register the trademark first, and then do the customs registration.
Our suggestion:
In the realm of brand protection, prompt action is everything. Register your China trademark and follow up with a registration with China Customs. This dual approach will significantly reduce the counterfeiting of your products, regardless of your industry or manufacturing location.
Remember, your brand is your identity; protect it with the same vigor you put into building it.
