If you need to safeguard a product’s internal and functional structures,

it is essential to file for a utility model patent in China.

You may obtain the patent certificate within 6‑12 months,

with a 10‑year term of protection,

which can prevent competitors from copying your internal technical solutions.

Register your brand logo and product name with the China National Intellectual Property Administration (CNIPA, formerly CTMO).

Unregistered trademarks are highly vulnerable to factory squatting. Bad‑faith registrants may legally block you from exporting goods under your own brand.

The trademark is valid for 10 years and shall be renewed one year prior to expiry.

China implements a first‑to‑file system for confirming rights.

Even if you own trademarks or patents overseas, they are not legally protected without registration in China.

If factories counterfeit, resell your designs, molds or brands without authorization,

you will find it difficult to pursue legal liability.

Always pay for custom‑made pre‑production samples.

Free samples are mostly existing stock,

with materials inconsistent with mass‑production goods.

Two sample revisions are normal;

over four revisions indicate unstable factory craftsmanship

— consider switching suppliers.

Many online sellers are intermediaries with no production lines,

marking up prices by 15%‑40%.

Genuine manufacturers have Unified Social Credit Codes starting with 91.

Verify their business licenses, registered addresses and export records via the National Enterprise Credit Information Publicity System.

(governs cost‑risk allocation; FOB is top pick for newcomers)

1. FOB (Recommended for new overseas buyers): Supplier delivers goods loaded onto vessel at China port. Clear costs and manageable risks.
2. EXW: Delivery at supplier’s premises. For experienced buyers only.
3. CIF: Supplier covers ocean freight and insurance to your destination port. Buyer loses control over ocean freight costs.
4. DDP: Supplier bears full logistics plus destination‑country duties for door‑to‑door delivery. Convenient yet subject to high price premium.

No verbal agreements. All trade terms shall be stipulated in formal contracts.

1.If your supplier registers your trademark first, customs will detain and confiscate your goods and claim damages; they may also restrict your production in China.

2. You cannot file IP records with customs, leading to unstable customs clearance.

3.Risk of trademark cancellation for three consecutive years of non-use; OEM production qualifies as valid trademark use.

1. No legal protection; no recourse against counterfeiters.

2. If the same trademark already exists in China, you constitute infringement,leading to product removal and heavy compensation.

3.Mandatory registration required for regulated categories (tobacco, human pharmaceuticals) for market circulation.

Common Trademark Misconceptions

1. ❌ Myth: Registration in my country protects my trademark in China. ✅ Fact: Trademark protection is territorial; overseas registrations are invalid in China.
2. ❌ Myth: Domestic trademark conflicts don’t matter if I only export without domestic sales. ✅ Fact: Prior Chinese trademarks block your production and labeling; customs will seize goods.
3. ❌ Myth: No need to register for OEM only—register later if entering China’s market. ✅ Fact: Competitors will likely squat your brand during the gap and disrupt your supply chain.

1.Receiving account name must exactly match the seller’s full name on PI and sales contract. Alert immediately if switched to Hong Kong/BVI offshore entities and ask for justifications.

2. NRA/ OSA /FTN accounts only allowed if:

• The offshore firm is the contracting party issuing all documents;
• No Mainland factory contracts paired with offshore shell accounts for collection.

3. No personal accounts, underground banks or parallel forex settlements.

4.Keep email records; obtain supplier’s stamped written confirmation: Payment to XX account counts as valid payment to the contracted seller.

5. Run supplier due diligence for big orders: Check business license and customs trading qualifications.

1. Entrust a Chinese IP agency to search identical/similar trademarks of your goods and eliminate prior conflicting marks.
2. File trademark applications in China directly under your overseas company or personal name.
3. Complete customs IP recordal after registration, authorize your OEM factories as licensees for faster export clearance.
4. Keep OEM contracts, purchase orders and customs declarations on file to defend against non-use cancellation proceedings.

OEM Trademarked Products Manufactured in China: Is Chinese Trademark Registration Required?

If you maintain long-term OEM production in China,

I highly recommend registering your trademark locally to mitigate comprehensive IP risks, streamline customs clearance and safeguard your brand

• Registered at virtual addresses or incubators; no physical factory proof available
• Multiple legal disputes or listed as dishonest debtors
• Payment account name mismatches business license; insists on private transfers
• No authentic export records; avoids third-party audits and factory visits
• Frequently switches legal entities, using multiple firms alternately for orders

1. NRA Accounts: Domestic accounts for non‑resident overseas entities
2. OSA Offshore Accounts: Accounts opened by overseas companies at offshore banking divisions of Chinese banks
3. FTN Accounts (Free‑Trade Non‑resident Accounts): Accounts set up by overseas entities in free‑trade‑zone banks in Shanghai, Guangdong and other regions

Risk Warning: Where the contracting party does not match the account‑receiving party, dispute resolution will be extremely difficult, and courts may decline to hear your case.

1. Act as a loan guarantor for others;
2. Serve as the legal representative for another person’s company;
3. Lend your bank card or passport to others for fund transfers;
4. Egg on others during a friend’s physical altercation.

Common illegal‑employment scenarios for foreign nationals:

1. Working without a work permit and residence permit;
2. Holding a nominal job position with no actual work performed;
3. Submitting falsified documents;
4. Failing to timely report changes of employer or work location;
5. Actual employing entity inconsistent with the registered company on permits;
6. International students working beyond permitted scope;
7. Attempting to evade legal violations via unpaid work.

Consequences of illegal employment in China:

1. Illegal employment for less than 30 days: fine of 5,000‑10,000 RMB;
2. Illegal employment for 30‑90 days: fine of 10,000‑20,000 RMB;
3. Illegal employment for 90 days‑1 year, or illegal gains of 30,000‑50,000 RMB: detention for 5‑10 days, fine of 5,000‑10,000 RMB;
4. Illegal employment for over 1 year, or illegal gains above 50,000 RMB, or re‑offense within one year: detention for 10‑15 days, fine of 10,000‑20,000 RMB.

Additional Consequences of Illegal Work in China:

1. Time‑limit exit order;
2. Repatriation, entry into China prohibited for 1‑5 years;
3. Expulsion, entry into China prohibited for 10 years;
4. Cancellation of documents, permanent ban from entering China.

1. Fines for being late, leaving early or failing to clock in;
2. Fines for contradicting supervisors, failing to meet performance targets or violating dress codes;
3. Deducting three days’ wages for one day of absence from work;
4. Fines without actual losses, contractual stipulations or democratic procedures;
5. Disguised fines in the name of voluntary donations.

• National Enterprise Credit Information Publicity System
• Verification of customs import and export records
• Verification of intellectual property rights and qualifications
• Online public opinion research
• Request references from overseas cooperative clients
• Third-party professional due diligence