[Direct answer]In the Beijing area, export goods are detained by the customs on the grounds of infringement. First, the customs verifies the detention notice, the rights holder's registration, and the guarantee situation. Then, it distinguishes three situations: "definitely infringement", "disputed rights", and "misdetention", and takes corresponding measures. According to the provisions of the "Regulations on Customs Protection of Intellectual Property of the People's Republic of China" (amended in 2018), the customs may detain the goods based on the registration and the rights holder may also apply for detention. The detained party has the right to submit evidence of non-infringement and counter-evidence. Action points: Obtain the detention document as soon as possible, organize the legal sources of the goods, self-owned rights or proof of authorization, and submit a defense within the time limit; if necessary, provide a guarantee to apply for release, and prepare for administrative or judicial remedies. It is recommended to consult a professional lawyer as soon as possible to avoid overdue disposal. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

Export enterprises are often caught off guard when they receive a notice of detention from the customs. Typical scenarios include: their own trademarks being reported and detained by rights holders for being similar to well-known brands; goods exported through OEM being accused of infringing others' patents or copyrights; enterprises holding valid authorizations but being mistakenly detained due to inconsistent filing information; goods exceeding the customs supervision period and facing the risk of confiscation. In these situations, the enterprises are most concerned about whether they can get the goods back, whether they will be fined, and whether they need to pay compensation. For more information, please refer to the relevant rules.Intellectual property protection and corporate legal services.

II. Key points of contention

The controversy focuses on four points. First, infringement determination: Customs detention does not equal a final determination of infringement. The key lies in the validity of the right holder's registration, the comparison between the goods and the rights, and whether there is a legal source or authorization. Second, the time limit for defense and evidence: The detained party must submit evidence of non-infringement within the time limit specified by the customs. Failure to do so may be disadvantageous. Third, guarantees and release: Applying for release usually requires providing guarantees, and the amount of the guarantee and subsequent responsibilities need to be assessed. Fourth, compensation and punishment: If it is confirmed to be infringement, the goods will be disposed of and administrative penalties may be imposed; if it is a wrongful detention, the right holder can claim rights. The concept of "overall comprehension and source distinction" in the defense of trademark similarity is consistent with the logic of infringement determination by the customs.

III. Professional analysis by Henglue Lawyers

A trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan demonstrated a professional approach to defending against trademark similarity and rights boundaries. The plaintiff, a well-known paper company, had its "EFGH" trademark approved for use in Category 5 sanitary napkins and was recognized as a well-known trademark. The defendant, Company B, was authorized by a third party to use the "EFGK" trademark and design patent to produce and sell similar products. The plaintiff sued for compensation of 980,000 yuan, alleging trademark imitation and packaging design confusion. Attorney Liu Yuanyuan argued that: the "EFGK" trademark originated from a legally registered trademark and authorized use, and the suffix "GK" differed significantly from "GH". The general public could distinguish them and were unlikely to confuse them; the packaging design originated from a design patent, but the plaintiff failed to prove actual use and recognizability, which did not constitute "packaging design with certain influence"; the high compensation amount was unfounded. The court partially accepted the argument, finding trademark infringement but dismissing unfair competition claims, and awarded compensation of 60,000 yuan, a reduction of over 920,000 yuan from the original claim. This case highlights that, when facing infringement accusations, the key lies in demonstrating legal authorization sources, overall distinctiveness of logos, and defending against rights boundaries. The case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes the provisions on detention, guarantees, and investigations in the "Regulations of the People's Republic of China on Customs Protection of Intellectual Property" (amended in 2018); Article 57 (circumstances of infringement) and Article 64 (compensation) of the "Trademark Law of the People's Republic of China" (amended in 2019 and implemented on November 1, 2019); the "Patent Law of the People's Republic of China" (amended in 2020 and implemented on June 1, 2021); and the provisions on punishment procedures in the "Administrative Punishment Law of the People's Republic of China" (amended in 2021 and implemented on July 15, 2021). Action list: First, receive and check the detention documents and record the time limit; Second, collect purchase contracts, payment vouchers, authorization chains, and proof of own rights; Third, submit a non-infringement defense and counter-evidence within the time limit; Fourth, evaluate whether to apply for bail for early release; Fifth, if the dispute persists, prepare for administrative litigation or civil rights protection. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Reminder

Customs detention is a procedural action, not a final determination. Enterprises should avoid "ignoring it" or losing their rights beyond the time limit. The key is to complete the evidence chain of "legal source, valid authorization, or self-owned rights" within the time limit; if there is indeed authorization but the filing information is inconsistent, it is necessary to correct and compare it in time. In the face of high claims or the risk of confiscation, it is recommended to take appropriate measures in advance.Beijing Henglu Law FirmUnder the assistance of professional lawyers, we will simultaneously advance the defense, guarantee, and subsequent relief measures.

VI. Frequently Asked Questions

Q1: If the goods are detained by the customs, can they still be recovered?

It's possible. Customs detention does not necessarily mean infringement. If you can provide legal sources, valid authorizations, or proof of your own rights, and the detention is determined to be non-infringing after defense and verification, you can apply for release. If the detention is due to inconsistent filing information, you can still strive for release after making corrections. The key lies in whether the evidence is complete, whether it is submitted within the time limit, and whether the guarantee is provided in accordance with the law. The outcome depends on the customs review and subsequent determination.

Q2: What evidence do I need to prepare if my goods are detained by customs?

The core elements are three categories: "source, authorization, and ownership". Purchase contracts, invoices, payment and logistics certificates prove the legal source of the goods; brand authorization letters, trademark or patent licensing chains demonstrate the legitimacy of use; and self-owned trademark registration certificates and patent certificates confirm the absence of infringement. The materials should form a closed loop and be able to be quickly compared by customs. If the authorization chain is broken or the filing information does not match, it should be corrected immediately to avoid the failure of the defense due to evidence defects.

Q3: How much does it cost to hire a lawyer to handle the customs detention case?

The attorney's fee is determined by the law firm based on the value of the goods, the complexity of the case, and the procedures required, without a unified government pricing. It is commonly charged on a per-case basis or as a percentage of the contract value. If it involves guarantees, administrative proceedings, or litigation, additional fees will be incurred. Compared with the confiscation of goods, breach of contract, and loss of goodwill, the cost of timely and professional intervention is usually more cost-effective. It is recommended to clarify the service phase and charging method before entrusting the lawyer with the case.

Q4: How long does it usually take to resolve the issue after the goods are detained?

Depending on the circumstances: if the evidence for the non-infringement defense is sufficient, the customs may release the goods relatively quickly after verification; if the rights holder needs to confirm or investigate and collect evidence, the period will be extended accordingly; if the case enters administrative or judicial procedures, it will proceed according to the corresponding procedures, which may take several months. The statute of limitations is the core variable. The detained party should submit the materials within the time limit specified by the customs to avoid the goods being disposed of in accordance with the law due to delay.

Q5: If I'm found to have infringed someone's rights, what should I do next?

It is necessary to evaluate whether to accept the handling, or to initiate a review or litigation: If you disagree with the decision of detention or punishment, you can apply for an administrative review or initiate an administrative lawsuit in accordance with the law; if you believe that the right holder's wrongful detention has caused damage, you can claim compensation. At the same time, review the supply chain and authorization management, and plug the sources and filing loopholes. If there are disputes over the amount of compensation, you can provide evidence around the right holder's actual losses, the infringer's profits, and reasonable use fees, and, if necessary, request professional lawyers to formulate a response plan.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Party Pei·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.