CUSTOMS RECORDAL:
BORDER PROTECTION
KEY FACTS
WHY IT MATTERS
Ex officio seizures — customs stopping fakes on their own initiative — effectively require a recordal.
EXPORTS TOO
China Customs seizes outbound counterfeits, catching fakes before they reach your markets.
BASIS REQUIRED
A registered Chinese trademark; the recordal is filed online with the GACC.
VALIDITY
10 years or until the underlying registration expires, renewable.
NEED A FIRST READ?
Send us the mark, the market, and any deadline. We will route it to the right practice lead within one business day.
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HOW RECORDAL SUPPORTS BORDER PROTECTION
China Customs can protect intellectual property in both imports and exports. A trademark recordal gives officers information to identify suspected infringement of recorded rights and notify the right holder. It does not guarantee that every suspect shipment will be found or detained.
Protection upon a right holder's application and protection of recorded rights on Customs' initiative follow different procedures. Even without a recordal, an eligible right holder may apply for detention of a identified suspected shipment, subject to the required evidence and security.
WHAT RECORDAL INVOLVES
The recordal is filed online with the GACC on the basis of a registered Chinese trademark, identifying the right holder, the mark, the goods, authorized users and licensees, and — the part that does the real work — information that helps officers tell genuine goods from fakes: authorized manufacturers and exporters, typical ports, packaging features, price ranges. Examination normally takes around 30 working days, and the recordal stays effective for ten years or until the underlying registration lapses, and is renewable.
Keep it current. An acquisition, a licensing change, or a new authorized factory that never reaches the recordal file is the classic reason a genuine shipment gets stopped — or a fake one waved through.
WHAT HAPPENS WHEN CUSTOMS FINDS SOMETHING
When Customs identifies suspected infringement of a recorded right, it notifies the right holder. The holder must submit the detention application and required security within three working days of service of the notice for detention under that procedure. This is a service-based deadline, so preserve the notice and receipt record. Customs investigates detained goods; where it cannot determine infringement, timely court measures may be needed to prevent release. Prepare an internal contact, authentication process and security arrangements before a notice arrives.
HOW IT FITS THE BIGGER ENFORCEMENT PICTURE
Recordal is one part of an enforcement plan. Relevant shipment information may support investigation of exporters, suppliers or online listings, but it does not by itself prove who produced the goods or whether an authorized supplier was involved.
Prioritize recordal according to the exposure to counterfeit imports or exports, the available rights, the ability to identify products and the team's capacity to respond. The current GACC service guide lists no official recordal fee; professional preparation, authentication and security may still create costs.
This article is general information about Chinese IP practice, not legal advice for a specific matter. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.