Before filing a China trademark administrative complaint, connect the registered right, the suspected seller, the transaction and the goods. A screenshot or a brand owner's statement may help, but neither automatically establishes infringement. The useful question is whether the records can be checked together, including where they came from and how a purchased sample relates to the challenged listing.
For global brands and their advisers, preparation also means separating a complaint package from the evidence-gathering powers of the authority investigating it.
Identify the right, the parties and the administrative route
Under Article 60 of the currently effective Trademark Law, a registrant or interested party may seek administrative handling or bring a court claim when negotiation is unwanted or unsuccessful. Administrative penalties are not compensation paid to the brand owner; compensation disputes may be mediated or pursued in civil proceedings.
Check the registration's status, the protected mark and goods, the complainant's standing and any authority to act for another party. Identify the suspected business as precisely as the available evidence permits. A store name, payment recipient and shipping sender should not silently be treated as the same legal entity.
Article 62 provides investigation, inspection and conditional seizure powers to the competent authority. It does not give a private complainant those powers or guarantee a particular inspection. Confirm which local department has responsibility; functions may be allocated among market-regulation, IP-management and integrated enforcement departments.
Keep the purchased sample connected to the transaction
The joint SAMR–CNIPA Trademark Administrative Enforcement Evidence Provisions, effective January 1, 2025, address how enforcement departments collect, review and assess evidence. Article 6 calls for recording the transaction, unpacking and inspection, and sample sealing when sampling through online or telephone purchases.
These rules primarily govern administrative case handling. They are not a universal instruction that every private complainant must perform every official procedure before submitting a complaint.
As a preparation measure, retain the order, payment record, delivery information, packaging and the goods together. Record who received and handled the sample. If an item was opened, tested, repacked or transferred, explain what happened and preserve the records. Ask how the proposed purchase and handling records should be prepared before commissioning further purchases.
One sample does not automatically establish every product's origin, all sales volumes or an entire supply chain.
Preserve the context of online listings
Articles 8–10 cover electronic information, extraction records and specified circumstances in which officers may use screenshots, recordings or other methods. Article 2 also preserves the application of the specialist administrative electronic-data rules. A screenshot is an available recording method, not a guarantee of sufficient evidence.
For the material you can lawfully access, preserve the listing address, store and product identifiers, capture date and time, relevant pages and the route used to reach them. Keep source files where available and distinguish originals from annotated working copies. Explain whether information was publicly visible, required an account or changed between captures.
Connect the listing to the order and sample rather than leaving three unrelated folders. Avoid presenting a displayed sales counter as verified transaction volume without supporting evidence. Integrity checks may help track files, but they do not independently identify the seller or establish trademark infringement.
Support identification opinions and overseas documents
Articles 5 and 20 address rights-holder identification opinions, including the issuer's qualification, method, basis and result. Check who is entitled to issue the opinion and what product or service it actually identifies. A conclusion that a sample was not produced or authorized by the brand should have an explained basis.
If infringement is disputed, the authority must assess other evidence rather than rely only on the rights holder's identification opinion. Conversely, sufficiently strong other evidence can support an infringement finding without that opinion. Do not present a brand's letter as a final infringement decision.
For overseas materials, Article 15 addresses source information, applicable treaty formalities and Chinese translations. Confirm the requirements for the particular entity documents, authorization and evidence. Do not assume every foreign document needs the same certification, or that an English-language package is ready for filing.
Assemble five connected parts before submission
This is a practical preparation list, not an exhaustive nationwide filing checklist or a promise of acceptance:
Rights and authority: current registration information, relevant changes or licenses, complainant identity and the authorization relied on.
Target and conduct: known business details, locations, store identifiers and a clear description of the challenged trademark use. Mark uncertain identity links as uncertain.
Purchase and physical sample: order, payment, shipment, packaging and handling records that explain how the retained item was obtained.
Digital record: original captures or files where available, addresses, dates, access context and a short account of collection and storage.
Explanation and request: an indexed narrative connecting each item to the alleged conduct, any identification opinion and its issuer, plus the action requested.
Article 19 generally favors mutually supporting evidence of different types over an isolated item when proving the same fact. More files are useful only when their relevance and connections can be explained.
Confirm the next step before sending confidential records
For China IP enforcement, start with nonconfidential information: the parties' legal names, Chinese registration number if known, public listing links, the suspected conduct, your objective, budget and timeline. Firms coordinating a client matter can use the foreign-associate channel. Arrange conflict checks, confidentiality and a secure transfer method before sharing private account records, customer data or confidential case files.
Confirm local submission requirements and any urgent evidence risk. Filing does not guarantee an investigation, seizure, infringement finding or recovery. Related civil proceedings can also affect administrative handling, so disclose existing proceedings when planning the request.
Official sources checked November 5, 2026. This guide uses the law currently in force. The 2026 revised Trademark Law takes effect January 1, 2027; later filings require a fresh check of the applicable law and transition rules. This is general information, not a formal opinion on a particular complaint.