Export Customs Declaration: How to Fill in “Brand Type” and Avoid Trademark Infringement

 

When making an export customs declaration, correctly filling in the "Brand Type" for goods is crucial to avoid potential trademark infringement risks and customs penalties. Here's a breakdown of brand types and key customs declaration considerations:

1. Classification and Definition of Brand Types

Trademark Types:

  • Unregistered Trademark (TM): Indicates a trademark that is not legally protected.
  • Registered Trademark (R): Indicates a legally protected trademark.

Brand Categories:

Based on ownership and usage, brands can be categorized as follows:

  • No Brand: Goods without any trademark.
  • Domestic Independent Brand: Brands developed independently by domestic enterprises with proprietary intellectual property rights.
  • Domestic Acquired Brand: Brands acquired by domestic enterprises from overseas.
  • Foreign Brand (OEM Production): Foreign brands used by domestic enterprises for OEM production.
  • Foreign Brand (Other): Foreign brands used for purposes other than OEM production.

Note: Except for "Foreign Brand (OEM Production)," which is only applicable for exports, other types can be used for both imports and exports.

2. Key Points for Customs Declaration

  • No Brand: Clearly state "No Brand" on the customs declaration form if the goods have no brand.
  • Brand with Registration: Accurately specify the brand type to ensure accuracy and compliance in customs declaration.

3. Brand Registration and Authorization

  • Importance: Ensure the declared brand is registered in the "Customs Intellectual Property Protection System" and obtain electronic authorization from the brand owner. Paper-based authorization is not accepted.
  • Consequences: Failure to register or obtain authorization may result in customs seizure, fines, or destruction of goods.

4. Method for Checking Brand Registration

Platform:

Use the "China Customs Enterprise Import and Export Credit Information Publicity Platform" to check brand registration information.

Steps:

  1. Visit the official website of China Customs and select "Intellectual Property Customs Protection Filing."
  2. Enter the company name, brand name, or Unified Social Credit Code for the query.
  3. The query result will display details such as filing number, filing date, and declaring customs office.

5. Important Notes

  • Update Information: Keep brand registration information updated promptly to reflect the latest status.
  • Notification: Notify customs of any changes within 30 days of the change.
  • Validity: Regular brand filings have a long-term validity, while temporary filings are valid for one year and require renewal upon expiration.

 

Summary

Understanding and adhering to the regulations for filling in "Brand Type" in export customs declarations is crucial for safeguarding the legal rights of enterprises and avoiding unnecessary legal risks. Always use brands with legitimate registrations and obtain necessary electronic authorizations to ensure smooth conduct of export trade activities. If you have further questions or need assistance, please feel free to reach out.