Why can this happen?
China operates a first-to-file trademark system through SAMR's CNIPA (China National Intellectual Property Administration). A supplier who manufactures your branded product knows your brand name. If you haven't registered the mark in China, the supplier may file first. If that mark is then recorded with Customs, the record may create a basis for Customs to flag and detain exports bearing that mark on behalf of the registrant, subject to the applicable enforcement process.
The practical result can be this: you ship goods bearing your own brand name, and China Customs holds the shipment because your supplier appears as the registrant in China.
How do you screen for this before shipment?
Octo's pre-shipment screen for trademark risk is a 3-signal check. Run it before sharing your brand name or product artwork with any new China supplier.
| Signal | What to check | Where to check | Risk finding |
|---|---|---|---|
| 1. SAMR / CNIPA trademark search | Search your brand name and key product names in the CNIPA trademark database | CNIPA official trademark search tool (English interface available) | Your brand name already registered by another entity — high hold risk |
| 2. Customs recordal check | Search the China Customs IP recordal system (AEO Alliance / IPPOINT) to see if the trademark has been recorded for border enforcement | China Customs official portal | Trademark recorded with Customs — detention authority may exist at export |
| 3. Brand registration confirmation | Confirm in writing that your own brand registration is active and current in at least Class 25 (apparel), Class 28 (sporting goods), Class 35 (retail), or the relevant class for your product | Your trademark attorney's records OR CNIPA search on your own entity name | Gap: you hold no registered rights in China — exposure exists regardless of supplier behaviour |
Run all 3 checks before the first product order, not after the first hold.
What should you do if your shipment is already held?
If your shipment is already held, act immediately: get the detention notice from the freight forwarder, identify the exact trademark and registrant named in the hold, preserve all supplier communications, stop any repeat shipment under the same branding, and escalate to a China trademark lawyer before negotiating with the supplier.
Seller reports describe this sequence:
- China Customs notifies the freight forwarder of a detention under trademark recordal.
- The buyer contacts the supplier — who confirms (or does not deny) holding the trademark.
- The buyer may need to demonstrate their own superior rights (requires a China trademark lawyer and takes time) or accept delay and redesign.
Immediate checklist:
- Get the detention notice and recordal details from the forwarder.
- Confirm the trademark number, class, and registrant name in CNIPA.
- Check whether the mark is also listed in the Customs IP recordal system.
- Preserve purchase orders, artwork files, packaging approvals, and supplier messages.
- Pause reorders or repeat exports using the same mark.
- Escalate to China trademark counsel before signing any supplier settlement or consent letter.
- Start qualifying an alternative supplier in parallel.
Octo treats a Customs hold of this type as a supplier-relationship failure, not just a logistics problem. A supplier who has pre-registered your brand or appears willing to use the Customs system against you is not a supplier to resume working with. The tactical question is: how fast can you transition to a verified alternative?
What are the red flags before the first order?
- Supplier asks for your brand name and full artwork before any NDA or manufacturing agreement is signed.
- Supplier is in a product category where trademark squatting is reported frequently — apparel, electronics accessories, sports goods.
- Supplier declines to disclose their legal entity name in Chinese characters — which is the name you'd need to search on CNIPA.
- Your brand name has not been filed with CNIPA in the relevant product class. First-to-file risk is active from day one.
- The supplier offers "full service" including customs clearance and logistics — and asks you to share your brand documentation as part of onboarding.
What Octo SAM does
Before any supplier relationship starts, Octo SAM screens the supplier's legal entity name against SAMR records and flags entities with trademark portfolios that overlap with a buyer's product category. This overlap signal is Octo methodology, not an official SAMR risk label. A supplier holding registered trademarks in your product class is a risk signal that requires explanation, not automatic disqualification.
Need to verify a supplier before sharing your brand name or artwork?
Octo SAM runs SAMR, trademark, and export-record checks before any supplier reaches your shortlist. See how SAM works →