If your order carries a logo, a brand name or any trademarked element, customs authorities in most major markets now expect documentary proof that you are authorised to use it. This is not a formality invented by your supplier. It is part of a broad tightening of intellectual property enforcement at export inspection, and it applies to genuine brand owners just as much as it applies to anyone else.
Without a valid trademark authorisation letter, a shipment can be detained, confiscated or destroyed, and the cost of that outcome lands on the importer, not on the factory.
What we need before logo production begins
A Trademark Authorisation Letter issued by the trademark owner, authorising the production of goods bearing the mark for the specified order and destination market. In practice the letter should state:
- The full legal name of the trademark owner.
- The exact trademark, including any stylised form, and the registration number or application number where available.
- The name of the manufacturer authorised to produce the goods.
- The product description and, ideally, the order or purchase order reference.
- The territory or markets covered by the authorisation.
- The validity period, or a statement that the authorisation applies to this order.
- The signature and company seal of the trademark owner, with a date.
A scan or photograph of the signed and sealed letter is normally sufficient to begin production. The original may still need to travel with the shipping documents depending on the destination market.
Three situations that cause most of the problems
The client is not the trademark owner
This is the most common issue. A distributor, retailer or trading company places an order bearing a brand they do not own. In that case the authorisation has to come from the brand owner, with evidence that the distributor is licensed to use it. A distributor purchase order is not a substitute.
The mark is registered in the destination market only
Registration is territorial. A trademark registered in Germany does not automatically give you the right to export branded goods to Australia. We need to know the destination markets so the authorisation can cover them, and so we can avoid producing goods that would be seized on arrival.
The logo is very close to an existing registered mark
If a requested logo or brand name resembles a well known registered trademark, we will raise the question before production. This protects both of us. Customs authorities work from recordals filed by brand owners, and a resemblance is enough to trigger a detention even when the intent was innocent.
Why we are strict about this
Two reasons, and both of them are commercial rather than moral.
The first is that a detained shipment is a disaster for the client. Goods sitting in a customs facility accrue storage charges, miss the selling season, and in the worst case are destroyed. By the time the problem appears, the product is already built and the money is already spent.
The second is that a documented authorisation protects the brand owner as well. It is the piece of paper that lets you enforce your own mark against counterfeiters, because it establishes that your supply chain is legitimate and traceable.
Timing and practicalities
Please provide the authorisation before production of the branded component begins. Logo application is usually the last step before packing on many of our products, which gives a reasonable window, but artwork approval, screen or plate preparation and testing should not be done speculatively. If the letter is likely to be delayed, tell us early so we can sequence the order around it instead of holding the line.
We keep authorisation letters on file and reference them to the order. Repeat orders for the same client and the same mark can usually be covered by an updated letter covering the current period, which is faster than starting from scratch each time.
What we cannot do
We will not produce goods bearing a trademark without authorisation, whatever the order value, and we will not accept a verbal assurance that permission exists. This is not negotiable and it is not personal. A factory that is relaxed about this is a factory that will eventually have a container seized under someone else’s brand name, and the client will be the one paying for it.
Thank you for your cooperation in keeping the supply chain compliant with intellectual property law. If you need a template for the authorisation letter, or you are unsure whether your documentation is sufficient, contact us before the order is placed and we will help you get it right.
Spring Pigeon Outdoor, OEM and ODM manufacturer of rooftop tents, car awnings and overland equipment, Handan, Hebei, China. Email info@springpigeon.com or WhatsApp +86 181 3101 8121.