A brand can manufacture in China and sell every finished product overseas. That does not make the Chinese trademark position irrelevant. If your factory will put your name or logo on products or packaging, check the position in mainland China before approving that work.

Our practical recommendation: search your trademark in China before branded production, and plan your registration early. This is a risk-management recommendation, not a claim that every export manufacturer must obtain a registration before doing business.

Why the production location matters

A US or Mexican registration protects a brand within the relevant territory; it does not itself authorise use against another party’s Chinese rights. Chinese trademark law addresses use on goods, packaging and other commercial materials. The goods, the marks and the circumstances of use matter when assessing infringement. China Trademark Law, Articles 48, 56 and 57

For a purchasing team, the useful question is: what needs to be resolved before the factory prints the packaging or applies the logo? Ask this while the artwork and production dates can still change. A trademark review begun after branded stock has been produced leaves fewer practical options.

What HONDAKIT tells export-only brands

In the HONDAKIT dispute, the Chinese contractors relied on an overseas customer’s authorisation for goods destined for Myanmar. The Supreme People’s Court nevertheless found infringement on the facts. Its annual report explains that foreign OEM manufacturing cannot simply be treated as an exception to the normal trademark-infringement rules. Supreme People’s Court annual report, case (2019) Zui Gao Fa Min Zai No. 138

The lesson is not that every OEM arrangement infringes. Equally, “we do not sell in China” is not an automatic defence. Review the actual mark, goods, Chinese rights and authorisations for the proposed production.

A filing receipt does not clear an earlier registration

Submitting your own application does not remove another party’s earlier rights or grant permission to use its mark. Registration prospects and the risk of using the mark during production are separate questions. China Trademark Law, Articles 3, 30 and 57

Consider a hypothetical cosmetics brand selling only in the United States and Mexico. It selects a Chinese factory, but a search finds a potentially conflicting Chinese registration covering the relevant cosmetics. Filing its own application may be part of the strategy; the filing receipt alone does not resolve the production conflict.

Before approving labels, assess the earlier registration and whether there is a workable route: permission from the relevant rights holder covering the proposed manufacturing and export, an agreed acquisition of the rights, a change of branding, or a challenge supported by appropriate grounds. Starting a cancellation or invalidation procedure is not the same as obtaining an effective result. The production plan needs to reflect what has actually been resolved.

Include Customs risk in the shipment plan

An overseas destination does not take a shipment outside China’s border intellectual property controls. Suspected infringement can lead to detention and disrupt delivery while the issue is examined. Detention is not itself a final finding of infringement. Customs IPR Protection Regulations, Articles 3 and 12–20

Before shipping, review relevant Chinese rights and Customs recordals alongside the production search. Keep the brand authorisation, factory and exporter details, product photos and shipment documents available. If a shipment is questioned, obtain the actual notice and identify the cited right before deciding how to respond.

Trademark registration and Customs recordal are separate steps. After obtaining Chinese protection, consider recordal and provide accurate information about legitimate goods and authorised parties. This can help Customs distinguish your normal supply chain from suspected infringements; it does not guarantee release or resolve another party’s rights. Our Customs recordal guide explains the protection routes and response deadlines. GACC recordal guide

What should the factory’s brand authorisation cover?

As a practical contract checklist, record:

  • The parties and authority: the brand owner, the factory’s legal entity and any authorised exporter. Explain any chain of permission through a licensee or trading company.
  • The exact brand and products: attach approved artwork and identify the permitted goods, models, quantities or orders, and production period.
  • The production and distribution limits: address manufacturing locations, subcontracting, approved destinations and any limits on domestic sales.
  • Materials and surplus stock: agree what happens to labels, packaging, rejected goods and overruns, including when the relationship ends.
  • Records and cooperation: agree access to production, inspection and export records, and how the parties will respond to a trademark complaint or Customs enquiry.

These are recommended points to tailor to the transaction, not a universal statutory document checklist. Authorisation from your brand cannot remove someone else’s Chinese rights, and an indemnity clause does not prevent a complaint or shipment interruption.

Keep use evidence after registration

Once production begins, retain records linking the registered mark to actual goods, dates, authorised production and export. Our export-only manufacturing evidence checklist explains how to organise those records for a possible non-use challenge. Keep the records even if you never sell the goods in mainland China.

A practical checklist before branded production

  1. Send the artwork and product details for a China search. Include the word mark, logo, any Chinese name and the actual goods. A factory’s general assurance should not replace this review.
  2. Share the manufacturing timetable. Identify the dates for packaging approval, printing, labelling and shipment. Flag any branded stock already produced.
  3. Review significant search results before giving approval. Check ownership, legal status and goods coverage. Ask separately about filing prospects and the intended production use. A search is a starting point, not a guarantee against every claim.
  4. Plan the application and any conflict-resolution work together. Where appropriate, file early. If an earlier right presents a material obstacle, establish the next steps before committing to branded production.
  5. Keep the factory’s permissions and instructions clear. Record the approved artwork, goods, quantities, subcontractors and intended destinations. Agree how surplus packaging, rejected goods and overruns will be handled, and retain the relevant approvals and authorisations.

Do I need to sell in China to have a reason to register there?

No. Manufacturing branded goods in China can itself be a reason to assess Chinese protection, even when customers are all overseas. The right strategy depends on the mark, products and existing rights.

Can I start production as soon as my application is filed?

A filing alone does not establish that the intended use is clear. If a conflicting earlier right exists, assess and address it separately; do not treat the filing receipt as production clearance.

What should I send for an initial review?

Send your brand name or logo, the goods you will manufacture, the planned production date and any Chinese trademark records or concerns raised by the factory. Mention that the goods are intended for export.

Check before you commit to labels and packaging

See our China manufacturing trademark guide for the production-planning overview. You can request a China trademark search using our existing enquiry form. Tell us about the manufacturing plan in your message so the review can address the intended use as well as a possible filing.

Related reading: China trademark registration · When a distributor or manufacturer registers your brand.