Your products are made in China, but every shipment goes overseas. If someone challenges your Chinese trademark for three years of non-use, the absence of mainland retail sales does not necessarily mean the registration must be cancelled. The important task is to document what was actually made and exported under the registered mark.
Keep a connected record for each production order: who authorised the work, which mark appeared on which goods, when production occurred and how the goods left China. Collect these records during ordinary business, rather than asking the factory to reconstruct years of activity after a cancellation notice arrives.
Can export-only production help maintain a Chinese registration?
Yes, it can. Section 19.16 of the Beijing High People’s Court’s trademark authorisation and confirmation guidelines says that a registration may be maintained where goods bearing the disputed mark are exported directly without circulating in China. This supports considering export use; it is not a promise that every OEM arrangement or document will establish sufficient use. Beijing High People’s Court guidelines, section 19.16
Keeping your own registration and assessing infringement of someone else’s rights are different questions. Export records do not establish that production is free of other trademark conflicts. Check those risks before approving branded production; see our China OEM manufacturing guide.
What should the evidence connect?
CNIPA’s guidance identifies five points: the mark, the relevant goods or services, the user and any permission to use, the relevant dates, and use within the territory covered by Chinese trademark law. A file should make those connections visible, rather than simply contain a large quantity of paperwork. CNIPA guidance on trademark use evidence
For an export business, we recommend the following working file. The documents are examples to assess together, not a compulsory list or a guarantee that any particular exhibit will be accepted.
| Keep | What to connect or check |
|---|---|
| Manufacturing agreement and brand authorisation | Identify the trademark owner, authorised Chinese factory, approved mark and products, and the period of permission. |
| Purchase orders and production records | Link each product model or batch to the factory, order number and actual production dates. |
| Product and packaging photographs | Show the mark as used on the goods. Retain dated originals and connect them to the relevant batch or inspection record. |
| Invoices and payment records | Match the parties, products, quantities and order references to the manufacturing transaction. Explain differences in company names or trading entities. |
| Export declarations, packing lists and transport records | Connect the goods and quantities to the exporter, shipment date and destination. Explain any export agent’s role. |
| Registration and goods list | Compare the actual mark and products with the registration and the goods challenged in the notice. |
Preserve original electronic records and attachments. Keep an evidence index with one line per document: date, issuer, order or shipment reference, relevant goods and what it helps establish. Record gaps honestly; do not change dates or manufacture historical paperwork.
Example: connect one shipment from order to export
Suppose a fictional overseas brand orders 2,000 branded bottles from a Chinese factory under purchase order PO-104. Its sales invoice describes only “model B20 bottles”; the export declaration also uses a generic product description.
Those descriptions alone may not show which trademark appeared on the bottles. In the working file, connect PO-104 and model B20 to the approved artwork, batch photographs, inspection records, factory invoice, packing list and shipment reference. Keep the factory authorisation alongside them. If a trading company exports the goods, retain the documents explaining its connection to the factory and brand owner.
The aim is to let a reviewer follow an actual commercial transaction without guessing whether unrelated documents concern the same goods. This example illustrates file organisation, not a prediction about the outcome of a case.
What commonly leaves a gap?
- A contract with no evidence of performance: it may show an agreement to manufacture, while the file still needs to establish what happened.
- An undated product photo: the mark is visible, but its connection to the relevant period or shipment is unclear.
- Invoices that name only a model: provide the records linking that model to the marked product.
- Records for a different mark or product: compare them carefully with the challenged registration; do not assume one shipment supports every registered item.
- An unexplained factory or exporter: identify its role and the authority under which the mark was used.
What if a non-use cancellation notice arrives?
Send the complete notice and receipt information to your representative promptly. Identify the challenged goods and the period stated in the notice before selecting exhibits. Under Article 66 of the Implementing Regulations, the owner is given two months from receipt of the notice to submit evidence or a justified reason for non-use. Use by a permitted third party can also be relevant. Trademark Law Implementing Regulations, Article 66
Do not assume that one batch proves use across an entire class. See our guides to trademark use evidence and partial non-use cancellation.
This article is dated November 2026. The revised Trademark Law takes effect on 1 January 2027; check the rules and procedural requirements applicable to your case when responding. Revised Trademark Law, Article 87
Make recordkeeping part of the factory relationship
Agree who retains shipment documents and who can supply them if a trademark issue arises. Keep your own accessible copies, including after changing suppliers. A short review after each shipment is easier than collecting missing evidence years later.
For production planning, read our manufacturing in China overview. For border protection, see China Customs trademark recordal. If you need a review, use our existing enquiry form and mention whether you are planning production or responding to a notice.