June 12, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office

 

 

*Intellectual property = IP rights

What is IP Customs Recordation?

It refers to the process in which companies or individuals submit their trademarks, patents, copyrights, or other intellectual property to customs authorities. In accordance with legal regulations, customs will protect the recorded intellectual property rights during the inspection of import and export goods, effectively combating infringement. 

Benefits of Customs Recordation

If a brand has completed IP recordation and customs identifies counterfeit products, the rights holder will be notified and the goods will be temporarily seized. The rights holder must provide a guarantee; if the goods are confirmed to be counterfeit, they will be destroyed. If verified as genuine, they will be released. If the rights holder fails to respond by the deadline, the goods will also be released.

 

Early IP customs recordation can serve as a warning and deterrent to unauthorized import/export of infringing counterfeit goods by companies or individuals. Additionally, businesses or individuals with import/export needs can use the customs website to pre-check whether the goods they are representing or purchasing may constitute infringement. 

How to Record with Chinese Customs

After submitting an application for IP recordation, approval is usually granted within 1–2 months. Foreign companies or individuals may also apply; however, note that a Chinese Mainland trademark, patent certificate, or copyright registration certificate is required. Certificates from other regions cannot be used for recordation.

 

Furthermore, overseas rights holders must go through a domestic firm or agent in China to complete the customs recordation.

Jinrui Trademark Firm can assist you in quickly handling IP customs recordation in China.

Add us on LINE: @goldkeen or email us at ip@gold-keen.com to get started.

 

Please note: No certificate will be issued upon approval of the recordation, but you can check the recordation status on the Chinese customs website.

 

Click to access the China Customs website:

http://202.127.48.145:8888/zscq/search/jsp/vBrandSearchIndex.jsp

Enter the relevant information to perform a search as shown below.

Trademark Application in China and Key Considerations

After submitting a trademark application in China, an electronic filing receipt will be issued within 3 days. A trademark certificate is typically issued around 6 months later; however, if there are intermediate procedures, the timeline may vary.

Do you have questions about trademarks in China? Contact us now!

 

A registered trademark in China is valid for 10 years from the date of approval.

The renewal period (referred to as “extension” in Taiwan) starts 12 months before the expiration date, with a grace period of up to 6 months after expiration.

Each renewal extends the exclusive use period by another 10 years.

 

If a trademark is not used for 3 consecutive years without a valid reason, any person may file a “non-use cancellation” (撤三) request.

If your trademark application encounters a prior registered mark that has been in effect for over 3 years and you are unwilling to change your name,

you may consider filing a non-use cancellation request simultaneously with your application to increase your chances of approval.

In addition, within 5 years, interested parties may file an “invalidation request.”

 

Would you also like to proceed with IP customs recordation?

Are you also dealing with China trademark registration issues?

Click the button ↓↓ to consult us now

or search @goldkeen on LINE or click the LINE link: https://line.me/R/ti/p/@goldkeen