China OEM & Trademarks: Why “Export Only” No Longer Protects You

Most brands manufacturing in China still think “export-only” means they’re safe from trade mark problems.
That used to be true. It isn’t anymore.

Chinese courts now treat OEM manufacturing for export as trade mark use inside China — which means your goods can infringe someone else’s China trade mark even if they never hit the Chinese market.

If you don’t own your marks in China, you’re exposed to:

• seized goods

• factory raids

• blocked shipments

• infringement claims

• expensive “bad-faith squatter” battles

And yes — this happens to Australian SMEs all the time.

The fix is simple:

• Register your trade marks in China

• Lock down OEM contracts with real IP clauses

• Search before you manufacture

• Monitor squatters

• Plan ahead before problems hit the port

If you’re sourcing from China and want to know whether your brand is actually protected there, now’s the time to check — not when production stops or Customs steps in.

Need help clearing, filing, or enforcing trade marks in China?
IP Solved can walk you through it.