If your Chinese factory made extra units of your product and sold them to someone else, your trademark and design patent are the tools that make that conduct illegal. Without them, the factory has done nothing wrong on paper.
What extra units mean
Factories overrun production for their own reasons: better yields, leftover material, or an order from a competitor. Extra units sold without your consent are a direct leak of your product into the market.
What your rights do
- A China trademark stops them selling under your brand
- A design patent stops them selling the lookalike at all
- Customs recordal catches the goods at the border
Prevention beats response
Put no-extra-run and confidentiality clauses in the production agreement, and file your rights before tooling. If it already happened, document the evidence and contact us for an assessment. Send us the details and we will tell you which lever applies and what it costs.
