Which Specific Trademark Class Should Be Registered for Import & Export Agency Services
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I am a cross-border e-commerce import and export agency established in 2025, primarily providing first-mile logistics, customs clearance, and foreign exchange settlement services for domestic sellers on Amazon Europe. I just obtained import and export operation rights last month.
Recently, I plan to register a trademark to protect my brand, but I have no idea which trademark class applies to import and export agency services. I heard from peers that choosing the wrong class could lead to customs cargo detention and impact export tax rebates.
Currently, I handle both B2B and B2C agency services, and need to manage both domestic trademark filing and overseas Madrid System trademark registration. I wonder if there is a unified classification standard, whether there are any new policy adjustments in 2026, and could you outline how to select the right classes and key compliance details to note?
EmilyYears of service：3Customer Rating：5.0
Client Success AdvisorStart a Chat
First，it is clear that the core trademark registration classes for domestic import and export agency services in 2026 are Class 35 and Class 39. Class 35 covers services such as commercial agency and business management，serving as the foundational registration class for import and export agency services，directly corresponding to core scenarios including agency contract signing，customer management，and customs declaration coordination. Class 39 covers logistics-related services such as transportation，cargo storage，and customs clearance arrangement，meeting the full-link needs of B2B bulk trade and B2C cross-border parcel delivery.
For cross-border business layout，you need to complete category registration in target markets via the Madrid Trademark System. For example，core member states of regions like the EU and ASEAN require import and export agency services to register Class 35 and 39. Under the 2026 RCEP framework，a simplified trademark mutual recognition process has been added，allowing regional filing to reduce duplicate application costs. Note that Announcement No. 12 issued by the General Administration of Customs this year explicitly requires import and export agencies to synchronize their trademark registration numbers to the customs declaration system. Enterprises that fail to complete filing may trigger document discrepancy warnings，resulting in a 3-5 working day delay in customs clearance.
Class selection varies by business scenario: pure B2B agency services should prioritize covering the commercial agency subclass of Class 35 and the bulk cargo transportation subclass of Class 39，B2C cross-border e-commerce agency services need to additionally register the online commercial service subclass of Class 35 to meet platform store brand authorization requirements. For agency services involving special goods such as dangerous goods and cold-chain products，supplementary registration of subclasses under Class 39 is required，along with retention of trademark usage evidence including trademark marks on customs declarations and brand authorization agreements with customers，to respond to subsequent tax audit inquiries and on-site customs inspections.
Additionally，some enterprises easily confuse product trademarks with service trademarks. Import and export agency falls under service trademarks，so there is no need to register product classes. However，if you also act as an agent for goods under your own brand，you must register the corresponding product trademark classes separately. It is recommended to clarify your business scope before registration，prioritize covering core service scenarios，then gradually expand to related classes to avoid excessive registration and unnecessary costs.
RobertYears of service：6Customer Rating：5.0
Warehouse Management AdvisorStart a Chat
The General Administration of Customs has clear requirements for trademark filing of import and export agency services in 2026. First, confirm whether your trademark registration classes cover your actual business service scenarios.
If only Class 35 is registered without covering logistics services under Class 39, when declaring B2B bulk cargo, the system may judge "service scope does not match customs declaration content" and trigger manual review. It is recommended to upload a scanned copy of your trademark registration certificate during filing, clearly marking the registered classes to ensure consistency with the service items on the customs declaration.
For enterprises operating across ports, filing must be completed in the customs system of each port. In 2026, the national customs clearance integration platform has realized shared trademark filing information, so duplicate material submission is not required, but you must ensure filing information matches actual business operations.
If your trademark class does not match the customs declaration, submit trademark usage evidence promptly, including agency agreements and trademark marks on customs declarations, to apply for cancellation and re-declaration.
Note that in 2026, customs has strengthened penalties for trademark discrepancies: a first violation will only result in a warning, while a second violation will incur a fine of RMB 10,000 to 30,000. Therefore, it is recommended to consult a professional customs declaration team before registration to confirm the accuracy of class selection.
Additionally, some enterprises confuse product trademarks with service trademarks. For example, if you act as an agent for a clothing brand, you must register both product trademarks (Class 25) and service trademarks (Class 35 and 39), otherwise you may be deemed to have infringed others' trademark rights.
It is recommended to verify the entrusting party's trademark authorization documents before conducting agency services to ensure the trademarks you use are legal and compliant.
EllaYears of service：10Customer Rating：5.0
Senior Financial AdvisorStart a Chat
Trademark usage in import and export agency services must comply with logistics link compliance requirements. For example, trademarks marked on bills of lading, manifests, and customs declarations must match the marks on the registration certificate, with no unauthorized modifications allowed.
In 2026, the International Maritime Organization (IMO) added trademark filing requirements for electronic bills of lading, requiring synchronization of trademark registration numbers to the bill of lading system; failure to do so may prevent proper endorsement and transfer of the bill of lading. Additionally, trademarks marked on cargo packaging must meet target market compliance requirements—for example, the EU requires trademark marks to be clearly visible and not exceed 30% of the packaging area.
For transshipment cargo, ensure the transshipment port's customs recognizes your trademark filing information. In 2026, RCEP member states have realized shared trademark information for transshipment cargo, so no duplicate filing is needed.
However, if transshipping to non-RCEP member states, you must understand local trademark compliance requirements in advance to avoid demurrage fees or cargo detention due to mark discrepancies. It is recommended to verify the target port's trademark compliance requirements before arranging logistics routes, select an appropriate transshipment plan, and confirm with your freight forwarding team that trademark information on the bill of lading is accurate.
Additionally, some enterprises use temporary trademarks for cargo transportation, which carries significant risks. Once seized by customs, it may be deemed infringement, resulting in cargo confiscation.
It is recommended to complete formal trademark registration before cargo shipment, and synchronize trademark information to all relevant parties in the logistics chain, including freight forwarders, shipping companies, and customs brokers.
SarahYears of service：3Customer Rating：5.0
Foreign Exchange AdvisorStart a Chat
Trademark registration for import and export agency services is closely linked to tax planning. Announcement No. 8 issued by the State Taxation Administration in 2026 explicitly requires that export tax rebate document filing include trademark usage evidence, such as trademark registration certificates, agency agreements, and customs declarations.
If the trademark registration class does not match actual business services, it may lead to abnormal tax audit inquiries and delay tax rebates by 3-6 months. It is recommended to select appropriate classes based on your export tax rebate model when registering trademarks—for example, B2C agency services need to register the online commercial service subclass of Class 35 to meet e-commerce platform tax rebate requirements.
Additionally, cross-border trademark registration expenses can be deducted as operating costs before tax. In 2026, the pre-tax deduction ratio has been increased to 100%, with no tax adjustment required. However, you must retain relevant materials such as trademark registration invoices and payment vouchers for tax verification.
For overseas trademark registration, apply for foreign income tax credit to avoid double taxation. It is recommended to consult a professional tax team before conducting cross-border business to design a reasonable trademark layout plan and reduce tax costs.
Some enterprises register trademarks under affiliated companies, which requires attention to related-party transaction pricing.
The 2026 BEPS Action Plan's latest requirements clearly state that trademark licensing fees between affiliated companies must comply with the arm's length principle; otherwise, tax authorities may adjust taxable income. It is recommended to align trademark layout with your enterprise's overall tax structure to ensure compliance.
SophiaYears of service：7Customer Rating：5.0
Senior Customs AdvisorStart a Chat
Foreign exchange collection and payment compliance for import and export agency services is closely tied to trademark filing. Announcement No. 5 issued by the State Administration of Foreign Exchange in 2026 explicitly requires enterprises to provide trademark registration certificates when handling cross-border foreign exchange collection and payment, to prove legal operation rights for relevant services.
If the trademark registration class does not match actual business services, the State Administration of Foreign Exchange may deem the "transaction background is untrue" and freeze foreign exchange collection and payment. It is recommended to submit your trademark registration certificate to the bank for filing before handling foreign exchange collection and payment, to ensure consistency between transaction background and trademark information.
Additionally, some enterprises handle foreign exchange collection and payment via offshore accounts, which requires attention to offshore account trademark compliance requirements. The 2026 Common Reporting Standard (CRS) latest requirements clearly state that offshore account owners must provide trademark registration certificates to prove the legal source of account funds.
It is recommended to complete trademark registration before opening an offshore account, and synchronize trademark information to offshore account filing materials. For CIPS RMB cross-border payments, ensure trademark information matches customs declaration information; otherwise, the payment may fail.
For B2B agency services, sign a trademark authorization agreement with the entrusting party to clarify both parties' trademark usage rights, avoiding foreign exchange collection and payment disputes caused by trademark infringement. It is recommended to verify the entrusting party's trademark authorization documents before signing the agreement to ensure you have legal trademark usage rights, and retain a scanned copy of the agreement for State Administration of Foreign Exchange verification.
DavidYears of service：3Customer Rating：5.0
Business Development AdvisorStart a Chat
Trademark infringement risk in import and export agency services is a key focus of foreign trade legal affairs. The 2026 revised Trademark Law clearly states that import and export agency services using others' trademarks without authorization will be deemed infringement, with corresponding legal responsibilities.
It is recommended to verify the entrusting party's trademark authorization documents before conducting agency services to ensure you have legal trademark usage rights. If the entrusting party fails to provide trademark authorization documents, refuse to undertake the business to avoid infringement disputes.
Additionally, some enterprises use their own trademarks in agency services, which requires ensuring the trademarks are registered and filed in the customs system. The 2026 customs intellectual property protection latest requirements clearly state that unfiled trademarks do not qualify for customs protection; if infringement occurs, you cannot apply for cargo detention promptly.
It is recommended to complete trademark registration and file with the General Administration of Customs before using your own trademarks, and retain trademark usage evidence such as customs declarations and agency agreements.
If you encounter a trademark infringement dispute, take legal measures promptly, including applying to customs for cargo detention and filing a lawsuit with the court. In 2026, intellectual property courts have shortened the trial period to 3 months, enabling rapid resolution of infringement disputes.
It is recommended to add a trademark infringement exemption clause in the agency agreement to clarify responsibility division between both parties, avoiding economic losses caused by infringement disputes.
JohnYears of service：6Customer Rating：5.0
Export Tax Rebate AdvisorStart a Chat
Trademark mark compliance is one of the key inspection items during on-site customs inspections. The 2026 customs inspection latest requirements clearly state that inspectors will check whether trademark marks on cargo packaging match customs declaration information.
If discrepancies are found, the enterprise must provide trademark usage evidence, otherwise the cargo may be detained. It is recommended to check that packaging trademark marks are clear, complete, and consistent with the marks on the registration certificate before cargo shipment.
If trademark mark discrepancies are found during inspection, provide relevant supporting materials such as trademark registration certificates and agency agreements promptly to apply for cargo release. The 2026 on-site customs inspection latest policy allows enterprises to submit electronic supporting materials on-site without paper copies, saving customs clearance time.
Additionally, for special goods inspections such as dangerous goods and cold-chain products, ensure trademark marks meet special goods packaging requirements—for example, trademark marks on dangerous goods packaging must be clearly visible and not cover dangerous goods marks.
Some enterprises use abbreviated trademarks on cargo packaging, which requires ensuring the abbreviated trademarks match the marks on the registration certificate and do not cause confusion.
In 2026, customs has stricter compliance requirements for abbreviated trademarks; if there are differences between the abbreviated trademark and the registered mark, it will be deemed irregular trademark usage, resulting in cargo detention. It is recommended to consult a professional inspection team before using abbreviated trademarks to confirm compliance.