Trademark Infringement in China: Administrative Complaint, Civil Lawsuit or Criminal Referral?

When a foreign brand finds its trademark being infringed in China, there are three main routes: a complaint to the local market regulator, a civil lawsuit, or a criminal referral to the police. They differ in what they can achieve, how long they take and what evidence they need, and many brands use more than one. This guide compares the three under the current Trademark Law (2019 amendment) and explains how to choose. Article numbers in this guide follow the current law. The revised Trademark Law takes effect on 1 January 2027 and renumbers its articles (see China's Revised Trademark Law (2027): Unused Marks Can Be Cancelled Ex Officio); check the new numbering for anything filed after that date. It sets out general rules; a specific case needs professional advice.

Before any route: a registered mark and evidence

• A Chinese registration: all three routes rest on a trademark registered in China for the goods concerned. Registrations abroad give no rights in China. A Madrid designation of China counts once protection has been granted.
• Evidence of infringement: test purchases with receipts, the infringer's details, photos, online listings and screenshots. Notarised purchases are common in Chinese proceedings, and courts also accept time-stamped and other electronic evidence when its integrity can be shown.
• Who is behind it: a marketplace seller is often only the last link. Tracing the factory and distributors first makes every route more effective. See Counterfeits Keep Coming Back After Takedowns.

Route 1: administrative complaint

• Where: the local Administration for Market Regulation (AMR) where the infringement happens.
• What it can do: under Article 60, the AMR can order the infringement to stop and confiscate and destroy infringing goods and the tools mainly used to make them. Where illegal turnover is RMB 50,000 or more, it can impose a fine of up to five times the turnover; where there is no turnover or it is below RMB 50,000, up to RMB 250,000. Repeat infringers within five years are punished more heavily.
• What it cannot do: award you damages. The AMR can mediate compensation if both sides ask, but if mediation fails you have to sue.
• Best for: fast action against a known factory, warehouse or shop, especially where you mainly want the goods seized.

Route 2: civil lawsuit

• What you can get: an order to stop, damages and reasonable costs. Under Article 63, damages are based on your actual loss, the infringer's profits or a multiple of a reasonable licence fee; punitive damages of one to five times are available for wilful infringement in serious cases; and where none of these can be established, the court can award statutory damages of up to RMB 5 million.
• Interim measures: you can apply for a preliminary injunction (Article 65) or evidence preservation (Article 66) before or during the action, usually with security.
• Defences to expect: a retailer that did not know the goods infringed and can prove where it bought them lawfully owes no damages, though it must stop selling (Article 64). If you cannot show use of your mark in the three years before the claim and no loss, damages may be refused. Prior use may also be raised; see When a Bigger Company Uses Your Brand Name in China.
• Time limit: generally three years from when you knew or should have known of the infringement and the infringer.
• Best for: recovering money, setting a precedent against a repeat infringer, and cases where the infringer disputes infringement.

Route 3: criminal referral

• When it applies: counterfeiting a registered trademark, meaning an identical mark on identical goods or services, and knowingly selling such goods are crimes under Articles 213 and 214 of the Criminal Law when the circumstances are serious. Judicial interpretations set the thresholds mainly by illegal business volume or illegal gains.
• How: report to the public security bureau with evidence of scale, or the AMR transfers a case that crosses the threshold. The prosecution is run by the state; the brand owner supports with evidence and product identification.
• Best for: large-scale counterfeit production, where seizure and fines alone do not stop the operators.

Combining routes

• Administrative raid first, then a civil claim using the evidence from the raid.
• Marketplace takedowns alongside, so listings stop while the case runs. See Taking Down Counterfeits on Chinese and Cross-Border Marketplaces.
• Customs recordal to stop exports from the same source. See China Customs IP Recordal.

Frequently asked questions

The infringer is our former distributor. Does that change anything? Check first whether they also filed your mark. If so, the trademark dispute may need to be resolved before an infringement action. See Your Chinese Distributor Registered Your Trademark.

Which route is fastest? Usually the administrative complaint, if the AMR accepts the case and the infringer is at a known address. A civil action takes longer but can end with damages.

Do we need to come to China? Not usually. A Chinese agency or law firm can act under a power of attorney; documents signed abroad generally need notarisation and legalisation or apostille.

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 customs recordals in China for foreign brands; see our trademark registration service.