Trademark Infringement Complaints and Brand Protection in China E-Commerce

A trademark infringement complaint in China now runs through three parallel channels: platform takedown notices under the E-Commerce Law, administrative enforcement with fines up to five times the illegal business turnover, and customs recordals valid for 10 years per renewal. Knowing which lever to pull, and in what order, determines how quickly your brand is protected.

Quick Facts

How Does a Platform Trademark Infringement Complaint in China Actually Work?

A valid complaint requires proof of rights plus preliminary evidence of infringement; the platform must then take necessary measures and forward the notice. Under the E-Commerce Law, a rights holder's notice must include preliminary evidence of infringement and proof of the right claimed (National Laws and Regulations Database: E-Commerce Law of the PRC). Once a compliant notice arrives, the platform must promptly delete, block, or disconnect links, or terminate transactions and services, and forward the notice to the implicated seller (National Laws and Regulations Database: E-Commerce Law of the PRC).

The seller may respond with a statement of non-infringement supported by its own preliminary evidence, which the platform relays to you (National Laws and Regulations Database: E-Commerce Law of the PRC). If you do not file an administrative complaint or lawsuit within 15 days of receiving that statement, the platform terminates the measures it took (National Laws and Regulations Database: E-Commerce Law of the PRC). This 15-day clock starts when the complainant receives the statement, not when the platform forwarded it — a detail that catches many foreign brand owners.

What Happens If the Platform Delays or the Complaint Is Made in Bad Faith?

Platforms face joint liability for expanded losses if they delay, and malicious complainants face double damages. Where a platform knew or should have known that a seller was infringing and failed to act, it bears joint liability (National Laws and Regulations Database: E-Commerce Law of the PRC). If a platform fails to take necessary measures promptly after receiving a notice or a statement, it is liable for the aggravated portion of the harm (National Laws and Regulations Database: E-Commerce Law of the PRC).

The rules cut both ways. Anyone who issues a knowingly false notice causing losses to a seller must pay double compensation (National Laws and Regulations Database: E-Commerce Law of the PRC). Our advisory team recommends documenting your rights chain thoroughly before filing, because a careless complaint can become its own liability event.

When Should You Escalate from Platform Takedown to Administrative Enforcement?

Escalate when takedowns recur or the counterfeiter is a commercial operation worth pursuing — administrative action carries confiscation and fines up to 5x turnover. Administrative authorities may order immediate cessation of infringement and confiscate and destroy infringing goods and the main manufacturing tools (CNIPA: Trademark Law of the PRC (2019 Revision)). Where illegal business turnover is RMB 50,000 or more, the fine may reach five times that turnover; where turnover is nil or below RMB 50,000, fines may reach RMB 250,000, with heavier treatment for repeat offenders within five years (CNIPA: Trademark Law of the PRC (2019 Revision)).

Administrative action is faster and cheaper than litigation but does not award damages — that requires court. The two routes are complementary, and many brand owners run them in sequence.

How Are Trademark Damages Calculated in Chinese Courts?

Courts follow a strict statutory order: actual losses, then infringer profits, then license-fee multiples, then statutory damages capped at RMB 5 million. The sequence runs from the rights holder's actual losses to the infringer's gains to a reasonable multiple of license royalties, with statutory damages as the fallback (CNIPA: Trademark Law of the PRC (2019 Revision)). Where losses, gains, and license fees are all hard to establish, courts may award up to RMB 5 million (CNIPA: Trademark Law of the PRC (2019 Revision)).

Where the infringer acted in bad faith and circumstances are serious, the court may apply punitive damages of one to five times the determined amount, inclusive of reasonable expenses (CNIPA: Trademark Law of the PRC (2019 Revision)). Two defenses matter in practice: if the rights holder cannot prove actual use of the mark in the prior three years and shows no other loss, the defendant owes no damages (CNIPA: Trademark Law of the PRC (2019 Revision)); and a seller who neither knew nor should have known, obtained goods legitimately, and identifies the supplier stops selling without liability for compensation (CNIPA: Trademark Law of the PRC (2019 Revision)).

Can You Stop Counterfeits at the Border? Customs Recordal and Detention

Yes — record your trademark with China Customs, and ex officio protection lets customs detain suspect shipments with bonds ranging from RMB 20,000 to RMB 100,000. A recordal takes effect for 10 years from approval and is renewable within six months before expiry, each renewal lasting another 10 years (GACC: Regulations on Customs Protection of Intellectual Property Rights). Recordal changes or cancellations must be processed within 30 working days of the change (GACC: Regulations on Customs Protection of Intellectual Property Rights). Customs approves or rejects recordal applications within 30 working days of submission (Jiangmen Customs: IP Protection Portal).

Under ex officio protection — available only for recorded rights — customs notifies you when it finds suspect goods, and you must apply for detention with a bond within 3 working days of the notice; customs completes its investigation within 30 working days of detention (GACC: Regulations on Customs Protection of Intellectual Property Rights). The bond tiers are tiered by cargo value: equal value below RMB 20,000; 50% (minimum RMB 20,000) between RMB 20,000 and RMB 200,000; and RMB 100,000 above RMB 200,000 (GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)). Recorded trademark holders may instead post a general bond via bank guarantee — the sum of the previous year's detention costs, or RMB 200,000 if lower (GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)).

If you do not sue within 20 working days of detention and the court does not issue an assist-detention notice, customs releases the goods (GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)). Confirmed infringing goods are confiscated; counterfeit imports generally cannot re-enter commerce with marks merely removed — goods whose features cannot be eliminated are destroyed (GACC: Regulations on Customs Protection of Intellectual Property Rights). If customs cannot confirm infringement or a court finds none, the rights holder bears liability for wrongful application (GACC: Regulations on Customs Protection of Intellectual Property Rights).

What Litigation Tools Exist Beyond Damages — Injunctions, Preservation, and Criminal Referral?

You can seek pre-litigation injunctions, evidence preservation, and — for knowing counterfeiting — criminal prosecution alongside damages. Rights holders may apply before filing suit for orders to cease infringing conduct plus property preservation, and may seek pre-suit evidence preservation where evidence risks destruction (CNIPA: Trademark Law of the PRC (2019 Revision)). Criminal liability attaches to knowingly selling counterfeit registered trademark goods, with prosecution in addition to compensation (CNIPA: Trademark Law of the PRC (2019 Revision)).

Court access has also gone digital. Chinese courts handled 11.439 million online case filings in 2021, with full-process online services for filing, hearings, and service (Supreme People's Court: 2021 Online Case Filing Statistics). The Online Litigation Rules, effective August 1, 2021, govern online filing, mediation, hearings, and electronic service, and give electronic transcripts the same effect as written ones (Supreme People's Court: Online Litigation Rules of the PRC). For foreign brand owners, this means a trademark infringement complaint in China can often be initiated without flying in for every procedural step.

What Is the Step-by-Step Framework for a Trademark Infringement Complaint in China?

Follow this seven-step sequence to move from detection to durable enforcement.

1. Verify your rights chain. Confirm your registration is current and gather proof of rights plus preliminary evidence of infringement, as required for any valid notice (National Laws and Regulations Database: E-Commerce Law of the PRC).
2. File platform notices first. Submit through each marketplace's IP portal; the platform must take necessary measures and forward your notice to the seller (National Laws and Regulations Database: E-Commerce Law of the PRC).
3. Track the 15-day counter-notice window. If the seller files a non-infringement statement, decide within 15 days of receiving it whether to complain to authorities or sue — otherwise takedowns end (National Laws and Regulations Database: E-Commerce Law of the PRC).
4. Escalate to administrative enforcement. For persistent or supply-chain-level counterfeiting, file with the market regulation authority, which can order cessation, confiscation, and fines up to 5x turnover (CNIPA: Trademark Law of the PRC (2019 Revision)).
5. Record with customs and activate border measures. Recordal approval takes up to 30 working days; once recorded, respond to any suspect-shipment notice within 3 working days with a bond (Jiangmen Customs: IP Protection Portal; GACC: Regulations on Customs Protection of Intellectual Property Rights).
6. Litigate for damages where warranted. Use the statutory damages ladder — losses, profits, license multiples, then up to RMB 5 million statutory — and seek punitive multipliers of 1x–5x for bad-faith, serious cases (CNIPA: Trademark Law of the PRC (2019 Revision)).
7. Preserve evidence early. Apply for pre-suit evidence preservation and injunctions where evidence risks disappearance (CNIPA: Trademark Law of the PRC (2019 Revision)).

What to Watch Out For

Version drift in the Trademark Law. The 2026 revision has been published by CNIPA, renumbering articles (the former Article 60 becomes Article 74) and adding penalties for bad-faith filings of 5x or up to RMB 250,000; the 2019 text remains the operative baseline for current complaints (CNIPA: Trademark Law of the PRC (2026 Revision)). Always confirm which version applies to your facts.

The 15-day clock is easily missed. It runs from when you, the complainant, receive the seller's statement — not from the platform's forwarding date (National Laws and Regulations Database: E-Commerce Law of the PRC). Missing it dissolves your takedown.

Ex officio customs protection requires recordal. Unrecorded rights holders can only use the application route, which requires a bond equal to the goods' value (GACC: Regulations on Customs Protection of Intellectual Property Rights). The RMB 200,000 general-bond floor applies only to recorded trademark holders (GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)).

Non-use and innocent-seller defenses. If you have not used the mark in the prior three years and show no other loss, defendants owe no damages (CNIPA: Trademark Law of the PRC (2019 Revision)). Sellers claiming legitimate sourcing and supplier identification stop selling without paying compensation (CNIPA: Trademark Law of the PRC (2019 Revision)). Keep dated use evidence — invoices, advertising, exhibition records — to defeat both defenses.

Wrongful-detention exposure. If customs cannot confirm infringement or a court finds none, you bear liability for losses caused by the application (GACC: Regulations on Customs Protection of Intellectual Property Rights). Bond decisions should follow a documented evidence review.

Frequently Asked Questions

Q: What must a trademark infringement complaint in China include to be valid on e-commerce platforms?

A: Under the E-Commerce Law, your notice must contain preliminary evidence of infringement plus proof of the rights you claim. The platform then must take necessary measures — deletion, blocking, or link disconnection — and forward the notice to the seller within its rules (National Laws and Regulations Database: E-Commerce Law of the PRC).

Q: How long does a seller's counter-notice give me before takedowns are lifted?

A: You have 15 days from the date you receive the seller's non-infringement statement to file an administrative complaint or a lawsuit. If neither occurs, the platform must promptly terminate the measures it took (National Laws and Regulations Database: E-Commerce Law of the PRC).

Q: What fines can administrative enforcement impose for counterfeiting?

A: Where illegal business turnover is RMB 50,000 or more, fines may reach five times that amount. Where turnover is nil or under RMB 50,000, fines may reach RMB 250,000, with heavier penalties for a second offense within five years (CNIPA: Trademark Law of the PRC (2019 Revision)).

Q: What is the maximum statutory damages award in a Chinese trademark lawsuit?

A: Where actual losses, infringer profits, and license-fee multiples cannot be determined, courts may award statutory damages of up to RMB 5 million. Punitive damages of one to five times may apply for bad-faith, serious-circumstance cases (CNIPA: Trademark Law of the PRC (2019 Revision)).

Q: How long is a China Customs trademark recordal valid?

A: A recordal is effective for 10 years from the date customs approves it. You may renew within six months before expiry, with each renewal granting a further 10-year term (GACC: Regulations on Customs Protection of Intellectual Property Rights).

Q: How fast does customs process a recordal application?

A: Customs must approve or reject a recordal application within 30 working days of submission. Changes to recorded information must be filed within 30 working days of the change occurring (Jiangmen Customs: IP Protection Portal; GACC: Regulations on Customs Protection of Intellectual Property Rights).

Q: What bond do I post for customs to detain suspect goods?

A: Under ex officio protection, bonds are tiered: equal to cargo value below RMB 20,000; 50% (minimum RMB 20,000) for RMB 20,000–200,000; and RMB 100,000 above RMB 200,000. Recorded trademark holders may post a general bond of RMB 200,000 or prior-year costs (GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)).

Q: What happens if I miss the 20-working-day lawsuit deadline after customs detention?

A: You must sue and apply for court-ordered detention within 20 working days of the goods being detained. If customs receives no assistance notice from the court, it releases the goods (GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)).

Q: Can I use Chinese courts remotely for a trademark infringement complaint in China?

A: Yes. Chinese courts accepted 11.439 million online filings in 2021, and the Online Litigation Rules effective August 1, 2021, permit online filing, hearings, and electronic service, with electronic transcripts equal to written ones (Supreme People's Court: 2021 Online Case Filing Statistics; Supreme People's Court: Online Litigation Rules of the PRC).

Q: Does the 2026 Trademark Law revision change how I file complaints?

A: The 2026 revision renumbers articles — former Article 60 becomes Article 74 — and adds penalties of 5x or up to RMB 250,000 for bad-faith trademark filings. The 2019 text remains the operative baseline, so confirm the applicable version before filing (CNIPA: Trademark Law of the PRC (2026 Revision)).

Conclusion

1. Layer your enforcement. Platform notices, administrative complaints, customs recordals, and litigation each serve distinct purposes; a trademark infringement complaint in China is most effective when sequenced deliberately rather than filed ad hoc.
2. Respect the clocks. The 15-day counter-notice window, the 3-working-day customs response, and the 20-working-day lawsuit deadline are statutory and unforgiving — calendar them the moment a notice or detention occurs.
3. Mind the money. Fines reach 5x turnover or RMB 250,000, statutory damages reach RMB 5 million, and punitive multipliers run 1x–5x; but wrongful complaints and wrongful detentions carry their own liability, including double damages for malicious notices.
4. Watch the 2026 revision. Article renumbering and new bad-faith filing penalties mean version diligence is now part of every enforcement decision.

For personalized guidance on your China e-commerce licensing pathway, contact the CnBusinessHub advisory team at consult@CnBusinessHub.com to book a consultation.

Written by the CnBusinessHub Advisory Team, China market-entry advisors since 2019 — 1,500+ foreign enterprises guided across 16+ cities.

Last updated: 2026-10-11 | Next review: April 2027

Sources

1. National Laws and Regulations Database: E-Commerce Law of the PRC
2. CNIPA: Trademark Law of the PRC (2019 Revision)
3. CNIPA: Trademark Law of the PRC (2026 Revision)
4. GACC: Regulations on Customs Protection of Intellectual Property Rights
5. GACC: Implementing Measures for Customs IP Protection (GACC Decree No. 183)
6. Jiangmen Customs: IP Protection Portal
7. Supreme People's Court: Online Litigation Rules of the PRC
8. Supreme People's Court: 2021 Online Case Filing Statistics

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• IP Enforcement in China 2026 — Trademark, Patent, and Brand Protection Guide
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• Intellectual Property Enforcement Guide for Foreign Companies in China 2026