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ARTICLE · 27 OCTOBER 2021

Trademark Matters In OEM Production

China has the largest population and is also one of the largest markets in the world. Because of its large population and market, a lot of foreign companies...

ChinaIntellectual Property

I. INTRODUCTION

China has the largest population and is also one of the largest markets in the world. Because of its large population and market, a lot of foreign companies are involved in business activities that have some relationship with China. Chinese OEMs are commonly used by foreign brand owners. Some of these foreign brand owners have obtained protection for their trademarks while some still haven't. What will happen if their trademarks are registered by others while they still need to conduct OEM production in China? Whether trademark use in OEM production constitutes infringement to domestic registered trademark right? What will happen if they have trademark registration in China and conduct OEM production in China however the products don't circulate in Chinese market? Whether trademark uses in OEM production are able to maintain a registered trademark in non-use cancellation cases?

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