What If Your Chinese Manufacturer Registers Your Trademark?

Why Do Trademark Disputes Arise with Chinese Manufacturers?

You have spent years building your brand. You have invested in product development, marketing, packaging, and customer relationships. Then you discover something unexpected: your Chinese manufacturer has registered your brand name as its own trademark in China.

Foreign businesses often share brand names, logos, packaging designs, and product specifications with their Chinese suppliers. A manufacturer may therefore become familiar with a foreign customer's brand long before the customer applies for trademark protection in China.

Problems may arise when the manufacturer, a distributor, or another business partner registers that brand without authorization. A Chinese trademark registration can create significant commercial difficulties, even where the foreign company originally developed and used the brand overseas. However, obtaining a registration does not necessarily mean that the manufacturer can successfully defend it against every legal challenge.

Can a Chinese Supplier Register a Foreign Customer's Trademark?

Chinese trademark law contains provisions addressing certain unauthorized trademark registrations by agents, representatives, and parties with relevant business relationships.

Article 15 of the Chinese Trademark Law is particularly important. Depending on the relationship and facts, the law may provide grounds to challenge a registration where a supplier knew of another party's previously used trademark and applied for an identical or similar mark for identical or similar goods.

The requirements differ depending on the legal provision relied upon. A supplier relationship alone does not automatically establish that a trademark registration is invalid.

What Evidence Should Your Business Collect?

If your Chinese manufacturer has registered your trademark, preserve relevant documents immediately.

Useful materials may include: manufacturing and supply agreements; purchase orders and invoices; emails discussing your brand; packaging artwork and product design files; records showing when the supplier received your trademark materials; historical trademark use and sales records; and Chinese trademark registration records.

The timing of the evidence is especially important. For example, an email showing that the manufacturer received your branded packaging before applying for the Chinese trademark may be highly relevant.

Can You Invalidate the Chinese Trademark?

Potentially. Under the applicable Chinese trademark law, certain registrations may be challenged through trademark invalidation proceedings.

Possible grounds may involve unauthorized registrations by agents or representatives, registrations by parties with relevant business relationships, prior rights, or other statutory grounds.

Different legal grounds have different requirements. Certain invalidation requests are generally subject to a five-year period calculated from the trademark registration date, subject to statutory exceptions.

The relevant registration date, available evidence, and applicable law must be reviewed before initiating proceedings.

Should You Negotiate with the Manufacturer?

Negotiation may be an option, but it should not automatically be your first step.

Before discussing a transfer, your business should consider: whether the registration can be legally challenged; whether the manufacturer owns other related trademarks; whether the trademark is subject to disputes or other restrictions; whether a proposed transfer would adequately protect your business; and how payment and transfer completion risks can be controlled.

A legal assessment can help your business compare negotiation with formal proceedings.

How Can You Prevent Similar Problems?

Foreign businesses should consider trademark protection before sharing their brands with Chinese manufacturers.

Preventive measures may include: conducting trademark searches in China; assessing appropriate Chinese trademark filings; including clear intellectual property provisions in manufacturing agreements; restricting unauthorized trademark registration and use; and preserving evidence of brand ownership and commercial use.

These measures cannot eliminate every risk, but they can improve your company's legal and commercial position.

How Can a China-Qualified Lawyer Help?

A China-qualified lawyer can assist with reviewing the Chinese trademark registration, evaluating relevant business relationships, examining evidence, and assessing possible legal remedies.

Where appropriate, legal services may include preliminary assessments, negotiations, trademark invalidation proceedings, and related dispute resolution.

The appropriate strategy depends on the specific circumstances.

Need Help with a Chinese Supplier Trademark Dispute?

If your Chinese manufacturer or distributor has registered your brand in China without permission, an early legal assessment can help identify potential remedies and important deadlines.

Our practice assists foreign businesses with China-related commercial contracts, trademark risk assessments, and intellectual property disputes.

Request a preliminary China trademark dispute assessment.

Contact: lawyermichaelcn@outlook.com | Phone: +86 158 1078 8943

Disclaimer: This article provides general legal information as of October 2026 and is not legal advice. Outcomes depend on the facts, evidence, applicable law, and procedural requirements.