PRETUL: Decision of the Supreme People’s Court 26 November 2015 – Case No. (2014) Min Ti Zi No. 38

The finding of trademark infringement shall be premised on the fact that the allegedly infringing act meets the trademark use requirement, i.e. the origin function of a trademark has been impaired. Manufacturing allegedly infringing goods within the territory of China, which are solely for exportation to a foreign country, does not constitute trademark use in the meaning of Art. 48 of Trademark Law (2013), because these goods are not going to be distributed on the domestic market, and no confusion as to the source of goods would arise on the part of the relevant public.