How Amazon Sellers Can Protect Their Brand in China

China is the world’s largest manufacturing hub and also the primary source of counterfeits that appear on global e-commerce platforms. For Amazon sellers, protecting intellectual property (IP) in China is no longer optional—it’s essential. In this guide, we’ll explore practical steps you can take to safeguard your brand and ensure sustainable growth on Amazon.

1. Why Brand Protection in China Matters

Amazon sellers often underestimate the importance of securing IP rights in China. Yet most counterfeit goods sold online originate there. According to the OECD, China accounted for over 80% of global counterfeit seizures in 2022. If you don’t file for a trademark in China, someone else can—and once that happens, you may lose control of your listings, face hijackers, or even be blocked from selling your own brand on Amazon.

2. Step 1: Registering a Chinese Trademark

China follows a first-to-file system, meaning whoever files a trademark first—regardless of prior use—owns the rights. This is different from the U.S., which recognizes use-based rights. To protect your brand:

• File your trademark with the China National Intellectual Property Administration (CNIPA).
• Register in both English and Chinese versions of your brand name.
• Cover the correct trademark classes and subclasses that apply to your product category.

Filing typically takes 9–12 months. In 2023, CNIPA processed over 7.6 million trademark applications (CNIPA).

3. Step 2: Amazon Brand Registry in China

Once you have a Chinese trademark application number, you can apply for Amazon Brand Registry. This unlocks tools to:

• Report and remove infringing sellers quickly.
• Access advanced brand analytics and A+ content.
• Increase customer trust with verified branding.

Without Brand Registry, counterfeiters can easily hijack your listings. With it, you gain powerful control over your product detail pages.

4. Step 3: Monitoring Counterfeits and Online Platforms

Trademark registration is only part of the battle—you must also actively monitor for infringements. Amazon is just one channel. Counterfeiters may also sell on Chinese platforms like Taobao, JD.com, or Pinduoduo, and then move goods abroad.

Consider these tools and strategies:

• Amazon’s Project Zero and Transparency Program.
• Third-party monitoring services that scan marketplaces for infringements.
• Customs recordal to stop counterfeits at the border (covered below).

5. Working with Local Counsel and Agencies

Many foreign sellers make the mistake of trying to handle everything remotely. However, partnering with a Chinese IP law firm or agency ensures that:

• Your trademark filing is accurate and compliant.
• You have representation in disputes or oppositions.
• You can take faster enforcement actions.

Agencies often charge between $500–$1,200 per class. Considering the risks of trademark squatting, this is a smart investment.

6. Common Pitfalls to Avoid

• Delaying registration: Counterfeiters may file your brand before you do.
• Registering only in English: Competitors may exploit Chinese translations.
• Ignoring subclasses: China’s trademark system is highly specific; missing subclasses leaves gaps.
• Relying only on Amazon: Enforcement across Chinese e-commerce and customs is just as critical.

7. Step 4: Enforcing Your Rights Through Chinese Courts

China has become increasingly serious about IP protection. In 2022, Chinese courts handled over 600,000 IP-related cases (Supreme People’s Court of China). Two primary enforcement methods exist:

• Administrative actions: Quick, low-cost raids and fines via local IP offices.
• Civil litigation: Lawsuits in specialized IP courts (Beijing, Shanghai, Guangzhou) with potential damages.

Case example: New Balance won over $1.5 million in damages from a Chinese competitor (Reuters).

8. Step 5: Leveraging Chinese Customs to Block Counterfeits

Recording your trademark with the General Administration of Customs (GAC) allows officials to stop counterfeit shipments before they leave China. Process includes:

1. Trademark recordal with GAC.
2. Providing product samples and guides for customs officers.
3. Border enforcement to seize or destroy fakes.

In 2022, Chinese customs seized more than 50,000 batches of infringing goods (GACC).

9. Case Studies: Successes and Failures

Case 1 – Success: A U.S. fitness brand filed early and quickly shut down Taobao counterfeits.

Case 2 – Failure: A kitchenware seller delayed filing; a squatter registered their brand, costing $20,000+ in legal fees.

Case 3 – Customs Win: An electronics brand stopped three counterfeit shipments via customs recordal.

10. Conclusion: Building a Long-Term Brand Strategy in China

Brand protection in China is a must-have for Amazon sellers. Those who file trademarks early, enroll in Brand Registry, leverage customs, and work with local counsel enjoy long-term growth without disruption. The lesson is clear: be proactive, not reactive.

11. Frequently Asked Questions (FAQ)

12. Take Action Today

Don’t wait until counterfeiters hijack your listings. Protecting your brand in China ensures long-term success on Amazon.

13. References

• OECD – Trade in Counterfeit Goods
• China National Intellectual Property Administration (CNIPA)
• Supreme People’s Court of China – IP Reports
• Reuters – New Balance Trademark Case
• General Administration of Customs of China (GACC)