This is one of the most common problems we see. A supplier produces your goods, learns your brand, and files for it in China. The result may be blocked exports, demands for payment or a dispute over who owns the brand.
Why it happens
If you have not registered in China, there is nothing to stop a partner from filing first, and the registration will be valid until someone challenges it. Partners may do this deliberately, or to protect their own business interests.
Your options
- Opposition within the three-month window after the mark is published, if you catch it in time.
- Invalidation of a registered mark, including where an agent or distributor registered it without authorisation or in bad faith.
- Contract claims if your agreement covers brand ownership.
- Negotiation for transfer, which is sometimes the fastest outcome.
Evidence to gather
Contracts and emails showing the relationship and authorisation, purchase orders, packaging, proof of sales outside China, and any foreign registrations. Start collecting before you contact the other side.
Prevent it next time
File in China before you send designs or sample orders, and include clear brand ownership and non-use clauses in your manufacturing agreements.