Search the actual brand and products
Include the name, logo and any Chinese wording that the factory will use. Review relevant earlier filings and registrations for the goods being made.
China production · Overseas sales
Manufacturing in China?
Check your trademark before production.
Your customers may all be overseas. Your factory’s use of your brand in China still deserves a trademark check before labels are printed or logos are applied.
Plan for where the goods are made
A brand selling in the United States, Mexico or another overseas market may use China only as a production base. Before approving branded packaging or a production run, review the Chinese trademark position alongside your manufacturing schedule.
Plan registration early
Consider a Chinese application before committing to branded production. Allow time to assess the search results and agree a filing strategy.
Address earlier rights separately
A new filing does not remove an existing conflict. Where an earlier right matters, assess permission, a change of branding or an appropriate route to resolving that right.
Export-only production is not an automatic exemption
In its HONDAKIT decision, the Supreme People’s Court explained that foreign OEM manufacturing cannot simply be excluded from normal trademark-infringement rules. Whether a particular arrangement infringes depends on its facts.
Source: Supreme People’s Court annual report, case (2019) Zui Gao Fa Min Zai No. 138.
Check before production; do not rely on a filing receipt.
Our recommendation is to search in China before branded production and plan registration early. It is not a blanket statement that every export product must have a registered trademark. If a potentially conflicting earlier right exists, submitting an application alone does not authorise its use.
Bring the trademark review into your production plan
- Before approving artwork: send the brand, logo and product descriptions for a China trademark search.
- Before printing or labelling: review significant earlier rights and decide what needs to be resolved before the factory proceeds.
- Alongside your application: assess any required authorisation or conflict-resolution work. A pending challenge to another registration is not an effective decision removing it.
- For the factory: keep the approved artwork, permitted goods, production arrangements and relevant authorisations in writing.
A search helps identify risks and next steps; it does not guarantee that every possible claim has been excluded. For the legal background and a practical example, read Manufacturing in China, Selling Overseas.
Plan beyond the production line
A trademark issue can affect the shipment as well as the factory. Add border checks, clear authorisation and recordkeeping to your production plan.
Before shipment: check border risks
Suspected infringement can lead to Customs detention while the issue is examined. Detention is not a final infringement decision. Review relevant Chinese rights and Customs recordals, and keep shipment documents available. Understand Customs protection →
For the factory: define permission
Identify the authorised company, approved artwork, products and production period. Agree the limits on subcontracting, domestic sales, surplus packaging and overruns. See the factory authorisation checklist →
After production: keep use records
Connect contracts, batch photographs, invoices and export records to the registered mark and actual goods. Export-only activity can be relevant when defending a non-use challenge. Build your evidence file →
Official references: Customs IPR Protection Regulations · Beijing High People’s Court guidelines, section 19.16.
Questions from overseas brands
We do not sell in China. Is a China search still useful?
Yes. If the factory applies your brand in China, the Chinese rights and intended use deserve review even when every finished product will be exported.
Does our overseas trademark registration cover Chinese production?
An overseas certificate does not itself grant permission to use a mark against another party’s Chinese rights. Review the Chinese position separately.
Can the factory start labelling once we file?
A filing receipt alone does not clear a conflict. Assess any relevant earlier rights before treating the production use as acceptable.
Is Customs recordal included in trademark registration?
No. They are separate procedures. Once you have Chinese trademark protection, consider Customs recordal and accurate information about your legitimate goods and authorised trading partners. Read our recordal guide.
Can export-only production count as use of our registered mark?
It can support maintaining a registration, but the evidence must be assessed for the particular mark, goods, user and relevant period. Keep connected production and export records rather than relying on a contract alone. Our evidence checklist explains what to retain.
What should we send you?
Send the name or logo, actual goods, intended production date and any Chinese trademark records or concerns raised by your factory. Explain that the goods are being made in China for export.
Check the brand before approving production
Use our existing enquiry form to send your mark and goods. Mention your Chinese manufacturing plan and timing in the message so we can consider those circumstances when discussing the search and next steps.