SPC considers whether OEM manufacturing for export constitutes ‘use’

SPC considers whether OEM manufacturing for export constitutes ‘use’

In Ryohin Keikaku Co Ltd vTRAB, China’s Supreme People’sCourt has held that evidence ofuse of a trademark in originalequipment manufacturer (OEM)manufacturing activities solelyfor export was insufficientto show that the mark hadbeen “used and achieved acertain amount of influence inChina” under Article 31 of theTrademark Law.

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