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Protect Your Trademark in China Before You Print
Protect Your Trademark in China Before You Print: A UK jewelry brand sent its logo artwork to a Chinese packaging supplier for a quote. Eighteen months...
A UK jewelry brand sent its logo artwork to a Chinese packaging supplier for a quote. Eighteen months later, a competitor was selling near-identical boxes — same logo lockup, same foil, same dieline — and the original brand discovered it had no registered trademark in China at all. Protecting your trademark in China starts before the artwork leaves your inbox, because registration there runs on first-to-file.
The supplier had not stolen anything in the eyes of Chinese trademark law. It had simply registered a mark nobody else had claimed.
At boxeschina, we handle brand artwork for clients in North America, the UK and Europe — Since 1998, 1,000+ projects, 80+ countries — and we have seen this problem from the inside. This guide covers the three distinct risks that get bundled under "protecting my logo," and the practical controls for each.
Note: this is commercial guidance, not legal advice. Trademark procedure differs by jurisdiction and changes. Confirm your filing strategy with a qualified IP attorney in China and in your home market.
Three Different Risks, Three Different Fixes
Most buyers think of this as one problem. It is at least three, and they need different controls.
In practice the ranges work out as follows. Risk: You infringe someone else; What happens: Your mark is too close to a registered mark in the destination market; goods are seized or delisted; Primary control: Freedom-to-operate search before you print. Risk: Your artwork leaks or is reused; What happens: A supplier or its subcontractor reproduces your design for another buyer; Primary control: Contract, artwork controls, tooling ownership, traceability. Risk: Someone registers your mark first; What happens: A third party — sometimes a supplier, sometimes an unrelated speculator — files your brand in China and blocks your exports; Primary control: Register in China before you scale.
The third is the one that surprises Western brands, because it inverts an assumption.
China Is First-to-File: Why You Protect the Trademark Early
In many common-law markets, sustained use of a mark builds rights. In China, registration is what establishes the right. Whoever files first generally wins, even if they have never sold a single unit under the mark.
The practical consequences:
A factory that has seen your artwork can file your brand name in China. It does not need your permission and, at the time of filing, it does not need to have used the mark. Once registered, the holder can oppose your exports, file customs seizures, or demand payment to assign the mark back. Even a successful challenge takes time — months to years — and your packaging program does not pause while it runs. Because China is a major manufacturing base, a blocking registration there can affect shipments to other markets, not just sales inside China.
The defense is unglamorous: register before you scale. Not after the first successful season, and not after the factory has your artwork.
What to Register, and Where
In your home market
Presumably done, but verify three things: that the registration covers the classes you actually sell in, that it is in the name of the entity that owns the brand (not a distributor, not a predecessor company), and that it is current. A logo redesign needs a new filing — a registration of the old logo does not protect the new one.
In China
Two routes:
Direct national filing with the China National Intellectual Property Administration (CNIPA), through a licensed Chinese agent. International registration via the Madrid Protocol, designating China, if your home country is a member. Convenient for multi-country portfolios, but examination in China still applies and timelines can be long.
Which classes? For packaging, the relevant ones usually include:
In practice the ranges work out as follows. Class: 16; Covers: Paper, printed matter, packaging of paper; Why it matters here: The core class for cartons, boxes, labels and printed collateral. Class: 20; Covers: Plastic packaging, display articles; Why it matters here: Plastic boxes, display units. Class: 21; Covers: Household containers; Why it matters here: Tins, cosmetic containers in some interpretations. Class: 40; Covers: Treatment of materials, printing services; Why it matters here: Manufacturing and print services offered under the mark.
Filing only in Class 16 leaves gaps: a competitor can register in Class 20 and sell plastic packaging under your name. Most brand owners file in the classes they sell in plus the classes their manufacturing partners operate in.
Also consider
The Chinese transliteration of your brand, if you or your customers use one. A registration of the Latin mark does not automatically block an identical-sounding Chinese character mark. Copyright recordation of the logo artwork. In China, copyright in an original logo can be recorded with the copyright authority, and it can be a useful second line of attack when a bad-faith trademark registration is in the way — particularly because copyright arises on creation rather than on registration. Customs recordation of your IP with China Customs, which allows the authority to detain suspected infringing exports. It has a validity period and needs renewing.
Before You Send Artwork: Practical Controls
Registration protects your rights. These controls protect the files.
1. Send a quote-stage proof, not production files
For a quotation, suppliers need dimensions, structure and a low-resolution visual. They do not need vector artwork, color separations or the dieline. Send a flattened, watermarked PDF with a visible "QUOTE ONLY — NOT FOR PRODUCTION" band.
2. Full files only after NDA and PO
Release production files after the NDA is signed and the PO is issued. Not on the strength of a promising email chain.
3. Contract the specific obligations
A workable manufacturing agreement includes:
Confidentiality covering artwork, dielines, color references and customer lists. A no-registration clause — the supplier undertakes not to file your mark, logo, transliteration or confusingly similar marks, in any class, in any jurisdiction. A no-unauthorised-production clause — no production using your artwork for any party other than you, including "ghost shifts" and sample runs for other buyers. Tooling ownership — dies, printing plates, foil dies and screens are your property, paid for and identified. Without this clause, a supplier can reuse your die for another customer or refuse to release it when you leave. Return or destruction of materials on termination, with written confirmation. Audit rights — the right to inspect production records and, where relevant, the premises. Liquidated damages for breach, set at a level that is enforceable and meaningful. Governing law and forum — arbitration is usually more practical than litigation across borders; name the institution and seat, and check that the destination country will enforce the award.
4. Build traceability into the packaging
If artwork leaks, you want to know which file and which supplier. Practical options:
A unique die number etched into the die and printed in a hidden position on the box. Micro-text in the artwork — a 2 pt line of internal code, invisible at retail distance. Per-supplier variation in a non-visible detail, so a leaked box can be traced to the source. A file register recording who holds which version and when it was sent.
5. Share through links, not attachments
Use a link with access logging and an expiry date, rather than email attachments that live in inboxes forever. It creates a record of who downloaded what, and it lets you revoke access.
If Your Mark Is Registered by Someone Else
Act quickly and in the right forum. The available routes in China typically include:
Opposition — if the application is still in the publication period, oppose it. This window is short (measured in months, not years), so monitor new filings. Invalidation — after registration, apply to invalidate on absolute or relative grounds. Bad-faith filings can be challenged outside the usual time limits in some circumstances; confirm the current position with counsel. Administrative complaint to the market regulation authority, which can be faster and cheaper than litigation for clear-cut cases. Civil litigation for infringement or unfair competition. Customs recordation and detention to stop exports at the border. Commercial assignment — sometimes the cheapest exit is to buy the registration. It is unappealing, and it is often the fastest route back to shipping.
Evidence matters in every route: dated screenshots, notarised purchases, the filing history of the squatter (multiple famous marks in different classes is strong evidence of bad faith), and proof of your prior use and reputation.
Working With a Factory Without Being Paranoid
The relationship is not adversarial by default. Most suppliers have no interest in your brand and would rather keep a repeat customer. But the controls above are cheap, and the downside is expensive.
Three habits make the difference:
Ask the question directly. "Do you file customers' trademarks?" A supplier with a policy answers immediately. A supplier who laughs and changes the subject has told you something. Put ownership in writing at the start. Tooling ownership, artwork confidentiality and the no-registration clause signed before the first PO, not after the first dispute. Verify, do not assume. Search CNIPA for your mark and your close variants before each season. Registration is not a one-time event; it is a portfolio you maintain.
Tolerances decide whether a lid closes. A cavity measured without the insert in place ignores the wall thickness of the insert itself, and a box specified only by its outer footprint says nothing about whether the product will sit flat. Put inner dimensions, wall construction and the assembly tolerance on the same drawing. Squeeze the widest panel, rap it with a knuckle, slide the lid: three checks on a physical sample settle more than a page of numbers ever will, and they take two minutes at approval.
Factory Specification Baseline
Our factory in Humen, Dongguan has run since 1998, with 5,000 m² of floor and about 100 staff delivering 1,000+ cases to buyers in 80+ countries for 50+ brands on roughly US$10 million in annual output. Rigid boxes are built on 1200 g greyboard wrapped in 157 g art paper; folding cartons use 300 to 500 g board. Board is FSC-ready, and the mill's written material declaration is attached to the order so the grade can be checked against the specification before production is scheduled. MOQ starts from 100 pcs, a free digital sample takes about 5 days, and mass production runs 10 to 20 working days after sample approval on a 30/70 payment schedule. Finished cartons pack 100 pcs per master carton at or below 22 kg, checked to AQL inspection standards before despatch. Rigid boxes ship assembled rather than flat, and bulk runs are printed by offset lithography.
FAQ
Do I need a Chinese trademark if I only sell in the US or Europe?
If your packaging is manufactured in China, yes — a blocking registration in China can be used to disrupt exports. It is one of the few IP risks where the manufacturing location matters more than the sales market. Our Humen, Dongguan factory has run since 1998 across 5,000 m² of floor with about 100 staff.
Can a factory register my logo?
Legally, in a first-to-file system, filing is open to anyone. A well-drafted contract prohibits it and gives you a remedy, but registration by you is the real defense. The quotation is issued transparently, with no hidden fees and no surprise add-ons. We have delivered 1,000+ cases to buyers in 80+ countries for 50+ brands.
How long does a Chinese trademark take?
Examination typically runs many months, and the full process including publication can take longer. File early rather than urgently — the timeline is not something a supplier can accelerate. We have delivered 1,000+ cases to buyers in 80+ countries for 50+ brands. MOQ starts from 100 pcs and a free digital sample takes about 5 days.
Is an NDA enough?
No. An NDA gives you a claim after the damage. It does not stop a filing, and enforcing it across borders is slow. Pair it with registration, tooling ownership and traceability. MOQ starts from 100 pcs and a free digital sample takes about 5 days.
Who owns the printing plates and dies?
Whoever the contract says — which is why the contract must say. Pay for tooling explicitly, list it in the PO, and get a written statement that it is your property and will be released on request. Rigid builds use 1200 g greyboard wrapped in 157 g art paper.
What if I find my logo on someone else's packaging?
Collect dated evidence, identify the manufacturer if you can, and consult counsel on the fastest route: platform takedown, administrative complaint, customs detention, or litigation depending on the market and the scale. Mass production runs 10 to 20 working days after sample approval. Cartons pack 100 pcs per master carton at or below 22 kg.
Conclusion
Registration is the cheapest part of brand protection and the most expensive thing to skip. Before you scale a packaging program in China: search, file in the classes that matter, record your copyright and your IP with customs, and put artwork confidentiality and tooling ownership in the contract. Then control the files — watermarked proofs at quote stage, production artwork only after NDA and PO, a die number you can trace, and a register of who holds what. Send your dimensions, structure and quantities to our Dongguan factory and Request a Wholesale Quote.
