NNN vs NDA · NNN sprint · Squatting · IP flagship.
“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.
At a glance
| Question | Short answer |
|---|---|
| Export-only OEM safe? | No safe harbour you can take to the bank. |
| Who sues / seizes? | China TM owner via court and/or Customs. |
| What should the brand do? | China TM + GACC recordal + factory licence/NNN. |
| English indemnity? | Private paper. Customs will not read it. |
| Factory exposed too? | Yes — they applied the 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.
Practical workflow
- 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.
Common mistakes
- Assuming destination law is the only law.
- Letting a distributor “handle China TM.”
- Factory using your mark on a side order.
Action checklist
- China TM search on the exact mark and class.
- File or buy/consent if blocked.
- Customs recordal when registered.
- Written OEM licence + NNN.
- No production until those four exist.
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