The Use of Trademarks in International Private Label Manufacturing

DOI: https://doi.org/10.62517/jel.202614224

Author(s)

Kexin Lou

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

In judicial practice, China's approach to adjudicating foreign-related private-label manufacturing cases has undergone continuous evolution, with the determination of "trademark use" shifting from a formalistic to a substantive focus. This article examines the issue of trademark use in such infringement cases against foreign private-label manufacturers against this backdrop. While the core of trademark infringement lies in assessing the likelihood of confusion, the determination of trademark use remains a critical factor in such cases. Although "trademark use" and "confusion likelihood" share certain similarities, they are not mutually exclusive but rather distinct evaluation dimensions requiring separate standards. Furthermore, academic consensus remains limited regarding the precise role of trademark use in infringement determinations. In foreign-related private-label manufacturing, even when the affixation of a trademark lacks domestic promotion or sales exposure, and consumers have no direct contact with the mark, the act still constitutes trademark use under the "subject standard." Whether this constitutes infringement ultimately requires comprehensive assessment of factors including confusion likelihood and regional context.

Keywords

Private Labeling; Trademark Use; Possibility of Confusion; Commercial; Identifiable

References

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