Trademark Enforcement in China: Practical Steps for Foreign Brands After Registration

Securing a Chinese trademark registration is an essential first step—but it is only the beginning. A registration certificate on your wall means nothing if counterfeiters are selling products under your brand name in Shenzhen’s Huaqiangbei electronics market, infringers are operating on Alibaba and Pinduoduo, and a trademark squatter in Guangzhou has registered your logo in a class you overlooked. Enforcement is where brand protection actually happens.

This article outlines the enforcement toolkit available to foreign brand owners in China, from administrative actions and customs seizure to civil litigation and criminal referrals. Every option has its place, and the most effective strategy almost always combines multiple approaches.

1. Administrative Enforcement: The Workhorse of Chinese Trademark Protection

Administrative enforcement through local Administration for Market Regulation (AMR) offices is the most commonly used enforcement channel for foreign brands in China, and for good reason. It is faster and less expensive than litigation, and a successful raid delivers immediate, visible results.

Here is how it works: You file a complaint with the AMR office in the city where the infringement is occurring (for example, the Guangzhou AMR for a factory in Baiyun District producing counterfeit goods). The complaint must include your trademark registration certificate, evidence of infringement (test purchases, photographs, packaging samples), a notarized power of attorney if filed through a representative, and a clear identification of the infringer’s location and activities.

The AMR will evaluate the complaint and, if well-founded, conduct a raid. They can seize infringing goods, packaging materials, molds, and business records, and impose fines calculated as a multiple of illegal turnover (up to five times for serious cases) or a fixed amount up to RMB 250,000 where turnover cannot be determined. The entire process from complaint to raid can take as little as two to four weeks in cities with proactive AMR offices, such as Guangzhou and Shenzhen.

The key to successful administrative enforcement is evidence quality. An AMR officer needs enough information to justify the raid and enough specificity to execute it effectively. Vague complaints—”someone in Guangzhou is selling counterfeits online”—will be filed and forgotten. A detailed complaint identifying the exact warehouse address, the infringer’s company name, photographs of the facility with location metadata, and a test purchase with chain-of-custody documentation will get action.

2. Customs Recordation and Border Seizures

China Customs offers a powerful but underused enforcement tool: trademark recordation. Once a trademark is recorded with the General Administration of Customs (GACC), customs officers at all ports of entry and exit can proactively seize goods suspected of bearing infringing marks. Recordation is valid for 10 years (matching the trademark term) and costs only a nominal official fee.

When customs identifies suspect goods, they notify the rights holder, who must confirm the infringement and post a bond within three working days. Customs then detains the goods, investigates, and can impose administrative penalties including confiscation and fines. For export-oriented counterfeiters in China, customs enforcement cuts off their supply chain at the border—and the ports in Shenzhen, Guangzhou, and Dongguan handle a massive share of China’s export trade, making GACC recordation particularly valuable for brands with supply chains flowing through Guangdong.

The catch: your trademark must be recorded before the suspect shipment is flagged. Retroactive recordation does not help with goods already in transit. Record early, and update your recordation whenever the trademark registration is renewed or assigned.

3. E-Commerce Platform Takedowns

Counterfeiters operate heavily on Chinese e-commerce platforms, including Alibaba (Taobao, Tmall), JD.com, Pinduoduo, and Douyin. Each platform maintains an intellectual property protection portal where rights holders can register their trademarks and submit takedown notices.

Alibaba’s IP Protection Platform (IPP), for example, allows rights holders to submit complaints identifying specific product listings that infringe registered trademarks. Alibaba reviews complaints and typically removes infringing listings within three to seven working days. The platform also provides an avenue for identifying the seller’s registered business information, which can then be used to file administrative or civil actions offline.

Effective e-commerce enforcement requires more than occasional takedowns. High-volume brands should implement a systematic monitoring program: weekly or daily keyword searches on major platforms, automated alerts for new listings using protected brand names, and regular test purchases to confirm infringement. The platform takedown is not the endgame—it is the first step toward identifying and shutting down the source.

4. Civil Litigation: When to Sue

Administrative actions stop the immediate infringement but rarely deliver meaningful compensation. When a brand owner needs damages, an injunction, or a declaration of rights against a persistent infringer, civil litigation is the appropriate path.

China’s specialized IP courts and tribunals in Guangzhou, Shenzhen, Beijing, Shanghai, and other cities have developed substantial expertise in trademark disputes. Statutory damages range from RMB 500,000 to RMB 5 million for willful infringement, and punitive damages of up to five times the calculated damages are available for intentional, serious infringement under the 2019 Trademark Law amendments.

Litigation takes time—typically 6 to 18 months through first instance, with appeal adding another 6 to 12 months. The plaintiff must prove ownership of the trademark, the defendant’s infringing acts, and damages suffered. Evidence preservation through notarization is critical, as Chinese courts place heavy weight on notarized evidence. A notarized test purchase with photographs of the transaction process, delivery, and product is far more persuasive than screenshots.

An often-overlooked advantage of civil litigation is the discovery function. Through litigation, you can compel the defendant to produce sales records, supplier information, and distribution channels that administrative investigations may not reveal. This intelligence can be used to trace the infringement network upstream to manufacturers and downstream to distributors.

5. Criminal Complaints for Large-Scale Infringement

When counterfeiting reaches a certain scale, it crosses into criminal territory. The thresholds for criminal prosecution under China’s Criminal Law are: illegal turnover exceeding RMB 50,000 (basic threshold), or more than 5,000 counterfeit items, or illegal profit exceeding RMB 30,000. For repeat offenders or cases involving food, pharmaceuticals, or products endangering public safety, the thresholds are lower and penalties are harsher.

Criminal enforcement is conducted by the Public Security Bureau (PSB), not the AMR. The PSB has stronger investigative powers, including search, seizure, asset freezing, and criminal detention. A successful criminal case can result in prison sentences of up to 10 years for the infringer (or longer for food and drug cases), plus fines and confiscation of illegal gains.

The challenge for foreign brand owners is convincing the PSB to take the case. PSB resources are limited, and they prioritize cases with clear criminal elements, strong evidence, and significant public impact. A well-prepared criminal complaint includes: evidence of the infringer’s identity and organized operation, notarized purchase evidence demonstrating quantities meeting criminal thresholds, forensic accounting showing illegal turnover, and a legal opinion on the criminal law provisions violated.

6. Dealing with Trademark Squatters

Trademark squatting—where a third party registers your brand name or logo in China before you do—remains a serious problem. China operates a first-to-file system, which means the first person to file an application generally gets the registration, regardless of prior use overseas.

If you discover that your brand has been squatted, do not ignore it. A squatter’s registration can block your own application, disrupt your business in China, and even be used to demand payment from you for the right to use your own brand. Your options include:

• Opposition: If the squatter’s application is still within the three-month publication period, file an opposition with the China National Intellectual Property Administration (CNIPA) based on your prior rights and, critically, evidence of the squatter’s bad faith.
• Invalidation: If the trademark has already been registered, file an invalidation action with CNIPA within five years of registration (or anytime for a well-known mark registered in bad faith). Bad faith is the key argument—evidence that the squatter has filed multiple third-party marks, has demanded payment from the true owner, or has a relationship with the brand owner’s business strongly supports invalidation.
• Non-use cancellation: If the squatter’s registration is more than three years old and there is no evidence of genuine commercial use in China, file a non-use cancellation action. This is often the most practical remedy when the squatter registered the mark purely to block the true owner.

7. Building an Enforcement Program in China

Enforcement is not a one-time event. It is an ongoing program. An effective trademark enforcement program in China has these components:

• Registration foundation: Ensure your core trademarks are registered in all relevant classes, in both Chinese characters and original script. Many foreign brands register only their English/logo mark and overlook the Chinese transliteration that Chinese consumers actually use—leaving it open for squatters.
• Market monitoring: Regular surveillance of physical markets (Guangzhou’s wholesale markets, Shenzhen’s electronics markets, Foshan’s ceramics and furniture markets) and online platforms.
• Customs recordation: Immediate recordation of all registered trademarks with GACC, including variations and Chinese-character versions.
• Enforcement response protocol: A pre-established decision tree: administrative action for localized, smaller-scale infringement; customs seizure for export-bound counterfeits; civil litigation for damages and discovery; criminal referral for large-scale organized counterfeiting.
• Local partnership: Work with a Chinese IP firm or law firm that has boots-on-the-ground investigation capability in the cities where your products are most likely to be counterfeited. A firm with investigators in Guangzhou, Shenzhen, and Dongguan can conduct test purchases, identify factory locations, and prepare the evidentiary packages that make enforcement actions successful.
• Record-keeping: Maintain a central database of all enforcement actions, including dates, targets, results, and the identity of any upstream suppliers or downstream distributors identified. Patterns emerge over time that inform strategy.