Taking Down Counterfeits on Chinese and Cross-Border Marketplaces: What Brand Owners Need

Two recent news items point the same way: online anti-counterfeiting increasingly depends on cooperation between IP offices and marketplaces. Mexico's IMPI signed a memorandum with AliExpress to speed up removal of suspected infringing listings and said it wants to extend the approach to Mercado Libre, Amazon and Coppel (news). The Philippines' IPOPHL and WIPO expanded their partnership and plan to explore cooperation with online platforms to protect merchants' brands (news). Both reports end with the same advice: get the rights basis right, then use each platform's complaint channel. This guide explains what foreign brand owners need to take down counterfeits on Chinese marketplaces such as Tmall, Taobao and JD.com, and on cross-border platforms.

First requirement: a registration where the goods are sold

Trademark rights are territorial. A complaint on a Chinese marketplace rests on a Chinese registration; a complaint on a Mexican or Philippine platform rests on a registration there. A brand registered only in the EU or the US usually cannot use Chinese platforms' trademark complaint routes at all, and if a seller has registered the brand in China first, the seller may be the one filing complaints.

Check that three names match: the owner on the registration certificate, the owner in any platform brand registry, and the entity filing the complaint. If the mark is held by a parent company and the complaint comes from a subsidiary or distributor, an authorisation from the owner is needed.

China's notice-and-takedown rule

Article 42 of China's E-Commerce Law gives an IP owner the right to notify a platform and ask it to delete, block or disconnect listings, or stop transactions and services. The notice must include preliminary evidence of infringement. The platform must act promptly and forward the notice to the seller.

Major platforms run their own IP protection portals. Alibaba's IP Protection Platform covers Taobao, Tmall, 1688 and AliExpress; JD.com and Pinduoduo have their own channels. Typically you need:

1. Proof of identity: certificate of incorporation. Platforms may ask for notarised or apostilled documents; China joined the Apostille Convention in November 2023. If an agent files, add a power of attorney.
2. Proof of rights: the Chinese registration certificate, plus approvals for any renewal, assignment or change of name.
3. The listings: each product or shop URL.
4. Preliminary evidence: why each listing infringes, for example screenshots compared with the registered mark, differences between genuine and fake goods, or a test purchase. Counterfeit complaints often require the owner to explain how to tell the goods apart.

Counter-notices and the 15-day deadline

Under Article 43, the seller can file a declaration of non-infringement with preliminary evidence. The platform forwards it to the owner. If, within 15 days after the declaration reaches the owner, the platform has not been told that the owner has filed a complaint with the authorities or sued, it must lift the measures and the listing comes back.

For serious infringers, decide before filing what the next step will be: an administrative complaint to the market regulation authority, or a lawsuit. Secure evidence when you file, through notarised purchases or online evidence preservation, rather than after the listing returns.

The risk of wrongful notices

Article 42 also makes the sender liable for losses caused by a wrongful notice, and liable for double damages if the notice was sent in bad faith. Complaints should rest on a valid registration and real infringement. Genuine goods imported through other channels and accessories that merely describe compatibility with a brand need assessment before you file.

Cross-border and overseas platforms

• Amazon: Brand Registry requires a registered trademark or pending application in an office Amazon accepts, matching the brand name. Its brand protection tools are available only after enrolment.
• Mexico: the IMPI–AliExpress memorandum runs for one year and renews automatically for two years. It covers information exchange, coordinated seller sanctions and buyer protection. The news report notes it is not a new law or an owner-facing complaint procedure; for now, platform complaint channels and IMPI enforcement remain the main tools. See our Mexico trademark guide.
• Philippines: since March 2021, IPOPHL has promoted e-commerce memoranda between brand owners and platforms, creating a voluntary notice-and-takedown mechanism. New platform cooperation is still at the exploration stage. See our Philippines trademark guide.

Beyond takedowns

1. Repeat sellers: a takedown removes one listing. Against repeat infringers, an administrative complaint or lawsuit can stop the conduct and recover damages.
2. Exports from China: if fakes are shipped from China, record your mark with China Customs so goods can be detained at the border, see China Customs IP recordal.
3. Squatted marks: if a seller registered your brand in China first, deal with that registration before complaining, see trademark squatting in China.

FAQ

Can I complain with a pending application? Chinese platforms generally require a registered mark for trademark complaints. Some brand registries, such as Amazon's, accept pending applications for enrolment, but infringement complaints still depend on registered rights.

How fast are listings removed? Platforms must act promptly on a complete notice; exact timing follows each platform's rules. Incomplete files are returned, which costs time.

Can an agency file for us? Yes, with a power of attorney from the owner.

J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We prepare platform complaints, handle trademark enforcement and customs recordals in China, see our trademark enforcement service. Patent filings are handled through an affiliated patent agency.