> Source: https://chinaipmark.com/blog/private-label-factory-ip-checklist/ > Updated: 2026-10-17 Guide # Private Label Sellers: IP Checklist for Chinese Factories October 2, 2026 Updated October 17, 2026 By ChinaIPMark ![Private Label Sellers: IP Checklist for Chinese Factories](https://chinaipmark.com/wp-content/uploads/2026/08/blog-payment-1024x684.jpg) Before you hand a Chinese factory your product design and private label, you need an IP checklist: trademark search and filing, design protection, confidentiality and customs recordal. Skipping it is how brands lose their own product to their factory. ## The checklist - Search your brand name in China before you print labels - File the [China trademark](https://chinaipmark.com/trademark-registration/) in your actual classes before ordering - File a [design patent](https://chinaipmark.com/design-patent/) for the product and packaging - Put confidentiality and no-extra-run clauses in the production agreement - Plan customs recordal once the rights are registered ## Why the order matters China is first-to-file, so the trademark should go in before the factory ever sees your label artwork. The design patent should go in before tooling, because a design already in production is harder to protect cleanly. ## Four clauses to add to the production agreement The filing protects the right. The contract decides what happens inside the relationship, and most disputes we see start with a clause that was never written. First, ownership of the tooling and the artwork. State that moulds, plates and design files are your property and must be returned or destroyed on request. Second, a no-extra-production clause that bans manufacturing beyond the ordered quantity and selling the surplus, with a liquidated amount attached so a breach has a price. Third, confidentiality that survives the end of the agreement, covering the design files and the customer list. Fourth, an audit right: the ability to inspect production records or arrange a third-party audit. Factories that expect to be audited behave differently from those that do not. None of this replaces the registration. A clause gives you a claim against the factory; the registration gives you a claim against anyone selling the copies, including the factory’s other customers. An unregistered brand is free to use. An unprotected product design is free to copy. The factory that made your product can legally sell the same design to your competitor unless your rights stop them. That is the whole reason the checklist exists. [Send us your product and market](https://chinaipmark.com/contact/) and we will give you the specific filing plan before your next PO. Official references: [CNIPA](https://english.cnipa.gov.cn/) for the register and fee schedule. ## About this guide Written by the ChinaIPMark team in Changsha, China. We help overseas brands register China trademarks and design patents, and all official filings are prepared and submitted by CNIPA-registered partner agencies. **Sources:** This guide references [CNIPA](https://english.cnipa.gov.cn/) official fee schedules and examination guidance, and [WIPO](https://www.wipo.int/) materials where an international route applies. Figures are current as of the update date shown above. **Disclaimer:** This guide is general information, not legal advice. Filing outcomes are never guaranteed. See our [Terms of Service](https://chinaipmark.com/terms/) and [Privacy Policy](https://chinaipmark.com/privacy-policy/). ## Related guides - [Do You Need a Trademark for OEM Production?](https://chinaipmark.com/blog/china-trademark-oem-production/) - [Do You Need a China Trademark for OEM Export?](https://chinaipmark.com/blog/china-trademark-oem-export/) - [Canton Fair: Do You Need a China Trademark?](https://chinaipmark.com/blog/canton-fair-trademark-protection/) - [Does an OEM Contract Protect Your Brand?](https://chinaipmark.com/blog/oem-contract-brand-protection-china/) - [Do You Need a Trademark for Customs Recordal?](https://chinaipmark.com/blog/customs-recordal-trademark-required/) ## Services - [China trademark registration](https://chinaipmark.com/trademark-registration/) - [China design patent](https://chinaipmark.com/design-patent/) - [Pricing](https://chinaipmark.com/pricing/) ## Get a quote Tell us about your brand and receive a clear quote within 24 hours. [Contact us](https://chinaipmark.com/contact/) Read next ## Keep reading October 17, 2026 ### [Do You Need a Trademark for OEM Production?](https://chinaipmark.com/blog/china-trademark-oem-production/) An OEM arrangement puts your name on goods, packaging and moulds made in China. When that requires a… [Read guide](https://chinaipmark.com/blog/china-trademark-oem-production/) October 16, 2026 ### [Do You Need a China Trademark for OEM Export?](https://chinaipmark.com/blog/china-trademark-oem-export/) You still need a China trademark if every unit ships abroad. Five risks that have nothing to do… [Read guide](https://chinaipmark.com/blog/china-trademark-oem-export/) October 16, 2026 ### [Canton Fair: Do You Need a China Trademark?](https://chinaipmark.com/blog/canton-fair-trademark-protection/) Treat the Canton Fair as a filing deadline. A booth puts your brand in front of copyists, and… [Read guide](https://chinaipmark.com/blog/canton-fair-trademark-protection/)