Can I import equipment for trademark into China?

Yes, foreign companies can import equipment into China bearing their own trademarks or third-party trademarks, provided the equipment complies with China’s customs declaration requirements and trademark laws. Equipment imports valued over RMB 5,000 per unit should have their trademarks recorded with China Customs (海关知识产权备案, hǎiguān zhīshì chǎnquán bèi’àn) to prevent detention and expedite clearance. More than 73,000 trademark records were active in the China Customs IPR system as of late 2024, underscoring the growing importance of recordation for physical goods crossing the border — including machinery, production tools, and industrial equipment. Without proper preparation, even a legitimate shipment of equipment bearing a recognizable brand can be held at port for weeks while customs verifies ownership and authorization.

1. Regulatory Basis: Which Laws Govern Trademark-Protected Equipment Imports?

China’s legal framework for importing equipment that carries trademarks rests on three pillars: the Customs IP Protection Regulations, the Trademark Law, and the Customs Recordation Measures. Understanding each is essential because they overlap in enforcement.

1.1 Customs IP Protection Regulations (海关知识产权保护条例)

Promulgated by the State Council and effective since 2010, the Regulations on the Protection of Intellectual Property Rights by Customs (海关知识产权保护条例, Hǎiguān Zhīshì Chǎnquán Bǎohù Tiáolì) grant China Customs the authority to suspend the release of goods suspected of infringing IP rights, including trademarked equipment. Articles 3–5 of the regulations empower customs to detain shipments where the trademark owner’s rights have been recorded. Article 16 provides that a detainee must submit a security bond of up to RMB 100,000 before goods are released pending legal determination.

1.2 Trademark Law (商标法)

China’s Trademark Law (商标法, Shāngbiāo Fǎ), most recently amended in 2019, sets out the substantive rules. Article 57 specifies that the following acts constitute infringement: using a trademark identical or similar to a registered mark on identical or similar goods without the owner’s authorization; and selling goods that infringe a registered trademark. Article 60 empowers administrative authorities to order cessation of the infringement, confiscation, and destruction of infringing goods, backed by fines of up to five times the illegal turnover. For imported equipment, this means that bringing in machines bearing an unlicensed third-party trademark exposes the importer to seizure and fines.

1.3 Customs Recordation Measures (海关备案实施办法)

The Measures for the Recordation of Intellectual Property Rights by Customs (海关备案实施办法, Hǎiguān Bèi’àn Shíshī Bànfǎ) set out the procedural framework. Any trademark right holder who believes that imported or exported goods will infringe their rights should record the mark with China Customs. The recordation is processed through the online system (http://202.127.48.151) and is free of charge — there is no filing fee for recording a trademark, though supporting documentation must be provided.

2. Trademark Recordation with China Customs: Why and How

Trademark recordation with China Customs (海关知识产权备案) is a proactive step that every foreign company shipping equipment — whether as capital goods, demonstration units, or production machinery — should complete before the first shipment leaves port.

2.1 Why Record Your Trademark?

Recordation offers three concrete operational benefits. First, it enables customs ex-officio action: once your mark is in the database, customs officers nationwide can proactively identify suspicious goods and detain them on your behalf. Second, it dramatically speeds clearance; customs can verify trademark ownership in minutes rather than days, reducing the risk of your equipment being stuck at the port while an investigation unfolds. Third, it provides legal presumptions — a recorded mark makes it easier to obtain detention orders and demand bonds from alleged infringers.

2.2 How to Record

The application is submitted entirely online through the General Administration of Customs (GAC) IPR portal. The required materials include:

• Trademark registration certificate certified by the China National Intellectual Property Administration (CNIPA);
• Power of attorney if the application is submitted through an agent;
• Imported goods list identifying the specific products (equipment types) that bear the mark;
• Identity documents of the trademark owner (business license, registration certificate);
• Color images of the trademark as it appears on the equipment.

2.3 Validity and Renewal

The customs recordation is valid for the same duration as the trademark registration (ten years from registration date, renewable for ten-year periods). When the trademark is renewed with CNIPA, the customs recordation must be updated within 30 days. There is no separate renewal fee for the customs record itself.

3. Importing Equipment with Your Own Trademark

When a foreign company imports equipment bearing its own registered trademark — for example, a German machine tool maker shipping CNC machines branded with its own logo into China — the process is relatively straightforward. No special restrictions or additional authorizations apply beyond the standard customs declaration.

The key documents that should accompany the customs declaration include:

1. Trademark registration certificate issued by CNIPA (or evidence of a pending recordation);
2. Customs declaration form (报关单, bàoguān dān) with the trademark information field correctly completed;
3. Commercial invoice and packing list describing the equipment and confirming it matches the declared brand;
4. Certificate of origin if required by the specific HS code;
5. Proof of customs IP recordation (备案号, bèi’àn hào) to enable automatic clearance matching.

If the trademark is already recorded with customs, the system will automatically flag the shipment as legitimately owned upon matching the declarant’s name, manufacturer, and trademark record. In practice, clearance time for recorded-trademark shipments is typically 1–2 days compared to 5–10 days for unrecorded marks where manual verification is required.

4. Importing Equipment with Third-Party Trademarks

More complex scenarios arise when a foreign company imports equipment bearing a third-party trademark — for instance, a packaging line outfitted with Siemens controls or a printing press containing HP-branded components. In these cases, the importer must demonstrate that the use of the trademark is authorized.

4.1 License or Authorization Letter

The importer must obtain a trademark license agreement or a formal letter of authorization from the trademark owner. This document should: (a) identify the specific equipment types; (b) state the geographic scope (e.g., China); (c) specify the duration of the authorization; and (d) be notarized or apostilled if required by customs. Customs officers have discretion to request additional evidence if the authorization appears incomplete or the relationship between the brand owner and the importer is unclear.

4.2 Parallel Import Considerations

Parallel imports (genuine goods brought in through unauthorized channels) are a recognized risk area. China does not formally recognize international exhaustion of trademark rights. The Trademark Law operates on a national exhaustion principle — meaning that a trademark owner can block the importation of its own genuine goods if those goods were originally placed on the market outside China without the owner’s consent for the Chinese territory. If your equipment was originally purchased from an overseas distributor who does not have rights to the Chinese market, customs may detain it even though the trademark is genuine.

4.3 Customs Risk without Proper Authorization

Without documented authorization, an importer bringing in equipment with a third-party mark faces a high risk of customs detention. The goods will be classified as “suspected infringing,” and the importer must either: (a) obtain a release order from the trademark owner, or (b) provide a bond (typically equivalent to the equipment’s value plus anticipated storage costs) while the case is referred to the local IP office or court for a determination. Average detention periods range from 20 to 60 days.

5. Equipment Classification and Duty Assessment

Equipment bearing trademarks is classified under the same HS codes as the equivalent non-branded equipment. However, the presence of a trademark can affect the declared customs value — customs may scrutinize whether the brand premium has been properly declared.

5.1 HS Code Examples

The HS classification depends on the equipment type, not the trademark. Common categories include:

• Industrial machinery (Chapter 84): HS 8456–8463 for machine tools, HS 8479 for industrial robots and automated assembly lines;
• Electrical equipment (Chapter 85): HS 8543 for electrical machines with individual functions;
• Measuring and testing equipment (Chapter 90): HS 9031 for measuring/checking instruments, HS 9015 for surveying equipment.

5.2 Duty Rates and VAT

Most industrial equipment imported into China faces a most-favoured-nation (MFN) duty rate between 0% and 15%, plus 13% VAT. Certain high-tech equipment may qualify for duty exemptions under the Catalogue of Encouraged Industries for Foreign Investment (外商投资鼓励类产业目录, Wàishāng Tóuzī Gǔlì Lèi Chǎnyè Mùlù). Equipment imported for R&D purposes by qualified foreign-invested enterprises may also be exempt from duties and VAT under a separate customs regime. The trademark-related value — the “brand premium” — must be included in the declared customs value; failing to do so risks penalties for under-declaration under Article 15 of the Customs Administrative Penalty Regulations.

6. Scenario Comparison Table

7. Enforcement and Seizure: How Customs Identifies Counterfeit Equipment

China Customs employs a multi-layered approach to detect suspected counterfeit or unauthorized trademark use on imported equipment. Understanding this enforcement system is critical because the consequences of a seizure go beyond delayed delivery — they include financial penalties, legal costs, and potential destruction of the machinery.

7.1 How Customs Flags Equipment

Customs officers at ports of entry use three primary mechanisms. First, risk profiling — the customs risk management system (海关风险管理系统, hǎiguān fēngxiǎn guǎnlǐ xìtǒng) scores every customs declaration based on factors including brand, equipment value, country of origin, and importer compliance history. High-risk declarations trigger physical inspections. Second, the IPR database — when a trademark is not recorded but customs recognises the brand as widely counterfeited in a particular equipment category, the shipment is flagged for documentary review. Third, third-party complaints — trademark owners monitoring the market can file a detention application with customs upon discovering an incoming shipment bearing their mark.

7.2 The Detention Process

Once customs suspects infringement, the following steps unfold:

1. Notice to the trademark owner: Customs notifies the recorded trademark holder (or attempts to locate the rights holder) within 3 working days of detention.
2. Owner’s response: The trademark owner has 3 working days to confirm whether the goods are genuine or infringing. If the owner confirms infringement, the bond (if any) is converted to a security payment.
3. Extended detention (if needed): If the trademark owner requests a formal investigation, the detention can be extended by up to 20 working days while the local IP office or court handles the case.
4. Outcome: If the goods are determined to be infringing, customs will confiscate and destroy them, and the importer faces a fine of up to five times the illegal turnover under Article 60 of the Trademark Law.

7.3 Practical Tip: Voluntary Removal of Markings

In some cases, the importer may negotiate with the trademark owner to have the marking removed before the equipment enters the Chinese market — a process known as “removal of infringing labels.” This is more feasible for large industrial equipment where the mark is on a removable nameplate than for integrated branding. Customs may permit release upon evidence that the offending marks have been physically removed, subject to inspection.

8. Practical Steps: Checklist for Importing Equipment Bearing Trademarks into China

To ensure smooth customs clearance and avoid detention, follow this step-by-step checklist before your next equipment shipment to China.

1. Step 1 — Record all relevant trademarks with China Customs via the GAC IPR online portal. Do this at least 30 days before the first shipment. The process takes 7–14 business days for approval. Cost: free.
2. Step 2 — Verify your HS code classification for the equipment. Obtain a binding tariff information (BTI) ruling from customs if the classification is ambiguous, as incorrect HS codes can triggers audits and penalties.
3. Step 3 — Prepare authorization documents if the equipment bears any third-party trademarks. Obtain a signed and notarized license agreement or authorization letter from the brand owner, clearly stating that the goods are authorized for importation into China.
4. Step 4 — Complete the customs declaration accurately. Declare brand names in the designated “Trade Mark” field on the customs form (报关单). Omission or misrepresentation of a brand is itself a customs violation.
5. Step 5 — Prepare supporting documentation: trademark registration certificate, recordation number (备案号), license agreement (if applicable), commercial invoice, packing list, and certificate of origin.
6. Step 6 — Engage a qualified customs broker (报关行, bàoguān háng) who has experience with IP-sensitive goods. Ensure they are familiar with the customs IPR portal and can respond to detention inquiries within the 3-day window.
7. Step 7 — Monitor the shipment status through the customs clearance system. If the status shows “IPR Review” (知识产权审查中, zhīshì chǎnquán shěnchá zhōng), contact your broker immediately to submit any outstanding authorization documents.
8. Step 8 — Keep records for post-clearance audit for at least 3 years. China Customs may conduct post-clearance audits (后续稽查, hòuxù jīchá) up to 3 years after importation, and you must be able to produce all IP authorization documents on demand.

9. Frequently Asked Questions (Quick Answers)

9.1 Do I need to record every trademark on a piece of equipment?

Only the primary brand under which the equipment is marketed and sold must be recorded. Internal component marks (e.g., a branded motor inside a machine) generally do not need separate recordation unless the component is separately removable and the brand is a well-known mark actively protected by customs.

9.2 Can I import second-hand equipment with trademarks?

Yes, second-hand or used equipment (旧设备, jiù shèbèi) is subject to the same trademark rules. Requirements for used equipment import are stricter on the technical/safety side (CCIB inspection for mechanical and electrical safety), but the trademark recordation and authorization requirements are identical to those for new equipment.

9.3 What if the trademark owner does not have a Chinese registration?

Unregistered trademarks in China receive limited protection under the Trademark Law (Article 13 for well-known marks and Article 32 for rights acquired through prior use). However, customs recordation requires a valid Chinese trademark registration or a well-known mark determination. If your mark is unregistered in China, consider filing a Chinese application immediately; the process takes 9–12 months.

9.4 Are there exemptions for temporary imports or trade shows?

Yes. Equipment imported for exhibitions, demonstrations, or temporary use (展览品, zhǎnlǎn pǐn) under the temporary admission regime (ATA Carnet) is generally exempt from full customs clearance procedures. However, trademarks on temporary imports should still be recorded if the equipment value exceeds RMB 5,000 per unit, and the ATA carnet should note the trademark information. If the temporary equipment is later sold or left behind in China (an “inward processing” or “sale” conversion), full trademark compliance applies.

Where to Go From Here

Based on what you just read:

• Ready to act? Read [guide: SLUG-TO-BE-FILLED]
• Still comparing? See [comparison: SLUG-TO-BE-FILLED]
• Need numbers? Try [tool: SLUG-TO-BE-FILLED]

— China Gateway 360 —
Remote China market entry support, built around execution.