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Do I need to get a trademark in China if I export my products from there?

Founder & Trademark Attorney

Yes, registering a trademark in China is strongly advisable even if you only manufacture there and export elsewhere. China is a first-to-file jurisdiction, which means trademark rights go to whoever files first, regardless of prior use. A third party can legally register your brand name in China before you do, and then use that registration to prevent your goods from being exported; including goods you manufacture there.

Chinese courts have also confirmed that goods manufactured in China and exported to markets where a foreign trademark holder has rights can, in certain circumstances, constitute infringement of those IP rights. Registering in China protects against both risks: third-party registration of your mark and potential infringement claims in your export markets.

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