“We never sell in China” does not clear a China trademark. Applying another party’s China-registered mark on goods manufactured here can be infringement; export seizures through GACC IP recordal are the practical enforcement. OEM “use by the foreign owner” stories are narrow and fact-heavy — do not bet a shipment on a blog. If you are the brand, register in China and record with Customs before the first PO. If you are not the China registrant, clear or buy the mark. An English OEM indemnity does not bind Customs or the third-party owner.
Manufacture in the PRC can still hit a China mark.
Scope and legal framework
Trademark Law (use / infringement). Using a mark identical or similar to a registered China mark on the same or similar goods can infringe even if the commercial destination is abroad. OEM case law is fact-specific; treat “export OEM exception” as a litigation argument, not a planning assumption.
Customs IP recordal (GACC). A China registrant can record the mark with Customs. Officers may detain suspected infringing exports and imports. Recordal is how brand owners actually catch OEM leaks.
If you are not the China registrant, you are the risk.
Practical workflow
English indemnity does not bind Customs.
Search China TM before you quote the factory.
File or oppose; do not wait for the gold sample.
Record granted marks with Customs.
Licence the factory in writing; pair with the NNN sprint.
Watch detention notices; do not “talk it out” with only an indemnity.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
If goods never sell in China, can trademarks still be infringed?
Yes, that is the planning assumption. Litigation exceptions are not a shipping policy.
Does OEM indemnity in English protect me?
It may give you a contract claim against the factory. It does not stop Customs or the TM owner.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
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