China is both a major global hub for branded products and one of the largest markets for them. Whilst a hugely significant – and positive change – was introduced to China’s trade mark law in late 2019, bad faith trade mark filings and brand high- jacking are still a problem. The case law on so-called OEM trade mark use (that is the manufacturer of product in China solely for export) is also constantly shifting.
In this module we will consider these issues and suggest solutions allowing you to apply and determine how Chinese case law on OEM use impacts on your global supply chains, as well as your ability to sell your branded products to Chinese consumers. We will touch on the use and registration of brand names in Chinese characters, transliterations of trade marks and the use of nicknames of brands and their registration by Chinese consumers which are all important components in the use of brands in China.