Navigating GACC Export Whitelists and OEM Trademark Infringement Disputes
GACC export whitelists protect foreign OEM production by linking verified mainland factories directly to registered Chinese trademarks inside customs databases.
Article 48 Trademark Use
Meaning
Codified legal requirements in the Chinese Trademark Law govern the commercial actions that establish the active utilization of a registered brand name. Under these rules, article 48 trademark use requires the application of trademarks to goods, packaging, or business documents to identify the source of origin. The provision prevents non-use cancellations by defining the precise activities that maintain a registration.
Statutory Definition
Administrative authorities assess whether physical or digital marks are placed on products or marketing materials to denote commercial origin. In these investigations, article 48 trademark use requires showing a clear connection between the mark and the underlying goods. This establishes a baseline for protection.
Judicial Construction
Court rulings demonstrate that mock transactions or token sales do not satisfy the statutory threshold for maintaining trademark rights. Genuine article 48 trademark use requires an active, public commercial presence in the domestic market. Without this commercial presence, the registered mark remains vulnerable to third-party cancellation actions.
Compliance Management
Foreign brand owners must maintain detailed records of invoices, shipping documents, and advertisements to defend against non-use challenges in China. Systematic documentation establishes the necessary proof of article 48 trademark use. These records must bear clear dates and identify the specific registered goods.
Furthermore, manufacturing for export under contract must be supported by bills of lading and customs declarations, demonstrating that even goods not sold domestically generate active usage records.