{"id":187,"date":"2026-09-01T09:13:07","date_gmt":"2026-09-01T01:13:07","guid":{"rendered":"https:\/\/lyuandassociates.com\/wuxi\/chinese-suppliers-using-foreign-trademarks-without-authorization-how-can-foreign-brand-owners-protect-their-rights-in-china\/"},"modified":"2026-09-01T09:13:07","modified_gmt":"2026-09-01T01:13:07","slug":"chinese-suppliers-using-foreign-trademarks-without-authorization-how-can-foreign-brand-owners-protect-their-rights-in-china","status":"publish","type":"post","link":"https:\/\/lyuandassociates.com\/wuxi\/chinese-suppliers-using-foreign-trademarks-without-authorization-how-can-foreign-brand-owners-protect-their-rights-in-china\/","title":{"rendered":"Chinese Suppliers Using Foreign Trademarks Without Authorization: How Can Foreign Brand Owners Protect Their Rights in China?"},"content":{"rendered":"

Foreign companies sometimes discover that a Chinese supplier, manufacturer, distributor, or trading company is using their trademark without authorization to manufacture, advertise, or sell products in China.<\/p>\n

This situation can be particularly serious when the Chinese supplier originally obtained the foreign company’s product specifications, packaging designs, trademark files, samples, or other commercial information during a business relationship and then begins selling products bearing the foreign brand’s trademark independently.<\/p>\n

For foreign trademark owners, prompt action is important. China has established legal mechanisms for protecting registered trademarks, and trademark infringement may be addressed through administrative enforcement, civil litigation, evidence preservation, and, in serious cases, criminal proceedings.<\/p>\n

1. Unauthorized Trademark Use by a Chinese Supplier May Constitute Infringement<\/h3>\n

Under China’s Trademark Law, the exclusive right to a registered trademark is generally limited to the registered mark and the goods for which it has been approved.<\/p>\n

Where a trademark owner has registered its trademark in China, unauthorized use of an identical trademark on the same goods may constitute trademark infringement. The same may apply to similar marks used on identical or similar goods where the use is likely to cause confusion.<\/p>\n

Selling goods that infringe another party’s registered trademark rights is also expressly identified as an infringing act under the Trademark Law.<\/p>\n

Therefore, a Chinese supplier does not automatically obtain the right to use a foreign customer’s trademark merely because the supplier manufactured the products or previously received an order from the foreign company.<\/p>\n

2. Manufacturing for a Foreign Brand Does Not Mean Owning the Trademark<\/h3>\n

A common misunderstanding arises in OEM and supply-chain relationships.<\/p>\n

A Chinese manufacturer may have produced goods bearing a foreign company’s trademark under a purchase order or manufacturing agreement. However, the fact that the manufacturer physically produces the goods does not by itself give the manufacturer ownership of the foreign company’s trademark.<\/p>\n

If the manufacturer subsequently uses the trademark to sell products independently, advertises products bearing the trademark, or manufactures additional products without authorization, the legal situation may be very different from the original authorized manufacturing arrangement.<\/p>\n

The actual contractual relationship, trademark registration status, authorization documents, purchase orders, product specifications, and evidence of subsequent unauthorized sales should therefore be carefully examined.<\/p>\n

3. The First Question: Is the Trademark Registered in China?<\/h3>\n

Before taking enforcement action, the foreign brand owner should determine whether its trademark is registered in China.<\/p>\n

This is one of the most important issues in a China trademark dispute.<\/p>\n

If the trademark is registered in China for the relevant goods, the trademark owner generally has a much clearer basis for enforcing its exclusive trademark rights.<\/p>\n

If the trademark has not been registered in China, the situation becomes more complicated. Depending on the circumstances, other legal theories may need to be considered, including prior use, unfair competition, copyright, contractual rights, or protection relating to well-known trademarks.<\/p>\n

China’s trademark system is therefore substantially territorial. A trademark registration in the United States, United Kingdom, European Union, Japan, Australia, or another jurisdiction does not automatically create the same registered trademark rights in China.<\/p>\n

4. Collect Evidence Before Contacting the Supplier<\/h3>\n

Foreign companies should normally preserve evidence before sending a warning letter to the Chinese supplier.<\/p>\n

Useful evidence may include:<\/p>\n