Stopping Counterfeits at Both Ends: EU Customs Applications and China Customs Recordal

The European Union seized more than 196 million counterfeit items worth about EUR 6.3 billion in 2025, a 67% increase in volume on 2024, according to a report published by the EUIPO and the European Commission on 22 October 2026 (news). Many of those goods are made in China. For a brand owner, that points to a practical approach: ask customs to watch for copies at both ends, where they enter Europe and where they leave China. This guide explains how each system works and how they fit together. It is general information; EU Regulation 608/2013, Chinese customs rules and the facts of each case decide the outcome.

At the EU border: the application for action

• What it is: an application for action (AFA) asks customs to watch for goods suspected of infringing your trademark, design, copyright, patent or other IP rights. A national application covers one member state; a Union application covers several.
• Cost and duration: it is free, valid for up to one year and renewable.
• What you provide: proof of your rights, a description of the genuine goods and how to tell copies apart, known routes, importers and manufacturers, and a contact who can respond quickly. The EUIPO's IP Enforcement Portal lets rights holders share this information with enforcement authorities.

What happens when EU customs detains goods

1. Customs notifies the declarant or holder of the goods and the rights holder.
2. Simplified destruction: if the declarant agrees to destruction within 10 working days (3 for perishable goods), or does not object in that time, the goods can be destroyed once the rights holder confirms in writing that they infringe. No court ruling is needed.
3. If the declarant objects, the rights holder must start proceedings to determine infringement within 10 working days, extendable by up to 10 more, or the goods are released.
4. Small consignments of up to three units or under 2 kg gross weight can go through a faster destruction procedure if your application requested it.

Speed matters on your side too: you have to examine samples and respond within the same short deadlines, so keep your contact details and product information up to date.

At the Chinese end: customs recordal

China Customs protects IP rights on exports as well as imports. Recording a Chinese trademark, patent or copyright with the General Administration of Customs lets customs detain infringing goods before they leave China, without a separate application for each shipment. Recordal is free of official fees. It needs a right registered in China; your EU registrations do not count there. See China customs IP recordal for foreign rights holders.

Why both ends

• EU customs stops goods arriving in Europe, but not copies sent to other markets.
• China Customs stops copies leaving China for any destination, once your Chinese right is recorded.
• The EUIPO notes a high number of seized labels, tags and stickers, suggesting some counterfeits are finished inside the EU. Border measures alone will not catch that; marketplace monitoring and action in the internal market are still needed.

A short checklist

1. Register your trademark in the EU (or the member states that matter) and in China.
2. File an AFA with EU customs and keep it renewed.
3. Record your Chinese rights with China Customs.
4. Prepare a one-page guide to spotting copies: packaging, labels, serial numbers, authorised manufacturers and importers.
5. Track where seized goods come from; repeated seizures from one source are a lead for action in China. See how to trace the source of counterfeits in China.

Frequently asked questions

Does an EU application cover goods in transit through the EU? Goods bearing a mark identical to your EU trademark can be detained in transit unless the declarant shows that you could not stop their sale in the final destination country. Ask your EU adviser how this applies to your routes.

Who pays for storage and destruction? The rules and member state practice decide this; rights holders can usually seek to recover costs from the infringer.

Is China Customs recordal worth it if we do not sell in China? Yes, if copies of your products are made in China. It is one of the few tools that acts before the goods reach any market.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle trademark filings and China Customs recordals for foreign brands; see our customs recordal service.