Recently, the General Office of the China National Intellectual Property Administration (CNIPA) issued the Notice on Strengthening the Administration of Trademark Use (the “Notice”). Strengthening trademark use management and protecting consumer interests is a key part of building a strong intellectual property nation, and an important measure to accurately implement the Trademark Law of the People’s Republic of China. The Notice focuses on seven types of non-compliant trademark use, cleaning up the trademark environment and preventing infringement.
1. Use of deceptive, prohibited unregistered marks
Targets marks violating Article 10(1)(7) of the Trademark Law—unregistered marks that are deceptive and likely to mislead the public about quality or origin. Examples: marks containing “exclusive supply”, “supreme”, “national” causing confusion about supply or quality; “selenium-rich”, “organic”, “zero-additive”, “100%” inconsistent with actual attributes; or place names, years, “handmade” causing confusion about origin or craft.
2. Deceptive use of registered marks
Targets two acts under Article 49: combining a registered mark with product names, slogans or packaging to mislead about quality/origin; and altering registered particulars to free-ride on others’ marks.
3. Passing off unregistered marks as registered
Targets Article 52 violations—using an unregistered mark with the ® symbol, even after the mark was refused as deceptive—subject to administrative penalties.
4. Required-but-unused registered marks
Targets Article 6 violations, focusing on goods that must bear a registered mark by law, notably cigarettes, cigars, packaged cut tobacco and e-cigarettes. Example: combining two separately registered two-character marks into an unregistered “WXYZ” with ®.
5. Prominent use of “well-known mark” in commerce
Targets Article 14(5) violations—using “well-known mark” (驰名商标) in advertising. The well-known mark system grants special protection upon dispute, not as an honor; prominent “China Well-Known Mark” promotion is penalized.
6. Non-compliant use of collective and certification marks
Targets violations of the Trademark Law, its Implementing Regulations and the rules on collective/certification marks. Registrants, members and users must comply with the announced rules of use; registrants failing their management duties face interviews or correction orders.
7. Illegal agency by trademark agents
Targets Article 19 violations—agents filing malicious applications or malicious non-use cancellations. Agents owe a higher duty of care; knowingly accepting bad-faith filings is severely punished.
Measures and significance
The Notice also sets out six measures—improve mechanisms, focused screening, timely clue handling, compliance guidance, comprehensive governance and public awareness—to coordinate central and local, cross-department efforts.
Frequently Asked Questions (FAQ)
Q: How is “deceptive” trademark use determined?
A: The core is whether the public is likely to be misled about quality, ingredients, origin or craft, judged by the mark’s meaning against the actual goods.
Q: May a registered mark be freely altered in font or combination?
A: No. Altering registered particulars or using a mark similar to another’s may trigger correction orders under Article 49, or invalidation.
Q: Which goods must bear a registered mark?
A: Under the Tobacco Monopoly Law, cigarettes, cigars, packaged cut tobacco and e-cigarettes must use registered marks.
Related services
Proper use starts with the right class—check the scope via China’s trademark classification table. For registered marks, apply a patent annuity monitoring mindset to manage renewal and enforcement deadlines.
Source
This article is adapted from the CNIPA interpretation of the Notice on Strengthening the Administration of Trademark Use (published 2025/12/30). Original: https://www.cnipa.gov.cn/art/2025/12/30/art_66_203339.html. This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official rules for specifics.
Array
Array