Putting a “®” on a mark that has never been approved in China, or using a redrawn version of a registered mark while still stamping it with a registration symbol — these small moves can be treated as “falsely marking a trademark” in China, exposing a business to orders to correct the conduct, fines, and public notices. Part 6 of the China National Intellectual Property Administration (CNIPA) guide to the General Criteria for Judging Ordinary Trademark Violations explains this red line through five real enforcement cases.
1. What counts as “falsely marking” a registered trademark in China?
Article 22 of the guide, referring to Article 52 of China’s Trademark Law, defines “falsely marking a trademark”: marking goods, packaging, containers, premises or transaction documents that bear an unregistered trademark with the words “registered trademark” or with a registration symbol (®), or with a symbol similar to a registration symbol, in a way that misleads the relevant public.
In practice the tricky distinction is between “altering a registered trademark on one’s own” and “falsely marking.” The dividing line can be summed up in one sentence:
- Altering the mark on one’s own: only a partial or minor change that does not alter the distinctive features of the mark, so the relevant public still sees the same mark, and the altered mark still bears the words or symbol of registration.
- Falsely marking: a substantial or fundamental change to the main or distinctive part of the registered mark, enough for the relevant public to see it as a new mark, while it still bears the words or symbol of registration.
CNIPA’s guidance gives a vivid example: a mark whose distinctive part is “Xueshui Yuansu” (snow-water elements) is used with the two characters “Yuansu” shrunk so small that the distinctive part becomes “Xueshui”; compared with the registered mark it has been fundamentally changed into a new mark, so stamping a registration symbol on it amounts to false marking.
2. Seven situations that always amount to “false marking”
Article 23 lists the following seven practices as false marking under Article 52 of the Trademark Law:
- (1) using a mark for which no application for registration has been filed with CNIPA while marking it “registered trademark” or with a registration symbol;
- (2) using a mark whose application was rejected or is not yet approved while marking it “registered trademark” or with a registration symbol;
- (3) after a registered trademark is revoked, declared invalid, cancelled for non-renewal, or its cancellation is approved, continuing to mark it “registered trademark” or with a registration symbol (except goods that entered circulation before the mark lapsed);
- (4) using a registered trademark beyond the goods or services for which it is registered while marking it “registered trademark” or with a registration symbol;
- (5) changing the distinctive features of a registered trademark while still marking it “registered trademark” or with a registration symbol;
- (6) combining two or more registered trademarks and marking them with a registration symbol without marking each one individually;
- (7) imported goods marked “registered trademark” or with a registration symbol where the mark is not registered in China and no declaration has been made.
Note: if such conduct also infringes another party’s exclusive right to use a registered trademark under Article 57 of the Trademark Law, the enforcement authority shall handle it under Article 60(2); if a crime is suspected, the case shall be transferred to the judicial authorities.
3. Five real cases: these practices were penalized
Case 6: registered abroad, not approved in China — still marking “®” — CNY 50,000 fine
The right holder’s registered mark was an English-plus-Chinese combined mark, while the party actually used a purely English mark on its online store, website, WeChat account and Weibo — not the same mark. Its separate application (No. 37773101) was still in the preliminary-announcement period and not yet approved. The authority held that marking the unregistered mark with a registration symbol constituted false marking and imposed a CNY 50,000 fine. Even if a mark is registered abroad, it may not carry a registration symbol in China unless it has been approved there.
Case 7: “Longquan Sword” — the same sign, “own alteration” on swords but “false marking” on knives
The party used a horizontally-arranged seal-script mark on sword and knife goods with a “®”. A CNIPA reply stated that if the use were attributed to mark No. 130250, it would exceed the registered goods; if attributed to mark No. 12719735, because that mark is a Chinese-word-and-device combined mark clearly different from the sign actually used, the public would see them as different marks. The authority ultimately held: on sword goods it was “altering a registered trademark on one’s own” (order to correct within a time limit); on knife goods it was “false marking” (no penalty, given the subjective fault was not obvious, the harm was minor and the party corrected promptly).
Case 8: a self-designed “Wangue®” never applied for — CNY 6,500 fine
The party marked its jeans with “Wangue®”, a self-designed sign for which no trademark application had been filed. By the time of the case it had produced 800 pairs (745 sold), with illegal turnover of CNY 44,000. The authority ordered correction within a time limit and imposed a CNY 6,500 fine.
Case 9: use beyond the registered goods — “Tiffany” on maca tablets — CNY 5,000 fine
The party’s registered “Tiffany” mark covered Class 30 goods such as honey, propolis, rock-sugar bird’s nest, but was used on maca tablets (pressed candy) with a registration symbol. The authority held that the two were not the same goods, so the use constituted false marking; it ordered correction and imposed a CNY 5,000 fine.
Case 10: adding words and pinyin to a registered mark — CNY 23,000 fine
The party added “Xiongba Dianli XIONGBADIANLI” around its registered mark and placed “®” at the upper right. The authority held that the added words and pinyin were distinctive and easily led the public to see the altered mark as a new mark, so it constituted false marking; the party was ordered to correct within a time limit and fined CNY 23,000.
4. Registrants must also supervise licensees: the duty under Article 24
Article 24 provides: the registrant of a trademark shall supervise the licensee’s lawful use of the registered trademark. Where the registrant knows or should know that the licensee is altering the registered trademark, the registrant’s name, address or other registered particulars and fails to stop it promptly, the registrant bears the legal liability for altering the registered trademark.
The purpose of this rule is to prevent parties from evading penalties by relying on “licensed use” and blaming the licensee. For brand owners, signing a trademark licence does not shift liability away — the licence should set out the standards of use, and records of supervision should be kept.
5. Practical checklist for businesses in China
- Use the mark exactly as in the registration certificate: no added words, pinyin or devices.
- Tell “pending” apart from “registered”: a filing receipt is not registration; marks in the preliminary-announcement or rejection-review stage must not carry “®”.
- Stay within the registered goods/services: cross-class or cross-subclass use requires a new filing; never mark goods outside the scope with a registration symbol.
- Stop using the symbol once the right ends: continued “®” after revocation, invalidation or cancellation is unlawful (except goods already in circulation).
- Mark combined marks one by one: when combining several registered marks with a registration symbol, mark each individually.
- Imported goods count too: for a mark not registered in China, a lawful declaration is needed before marking “®”.
- Manage your licensees: put standards of use and supervision into the licence to avoid carrying liability for others.
Frequently Asked Questions
Q: My Chinese trademark application is pending — may I mark it with “®”?
No. In China, only marks approved for registration by CNIPA are registered trademarks. A mark still in the application process (including the preliminary-announcement period) is unregistered and must not bear “registered trademark” or a registration symbol, or it may amount to false marking.
Q: If I slightly change my registered trademark, is that false marking?
It depends on the degree of change. A partial or minor change that does not alter the distinctive features, so the public still sees the same mark, is generally “altering a registered trademark on one’s own”; a substantial or fundamental change to the main or distinctive part, enough for the public to see a different mark, is characterised as “false marking.”
Q: My trademark is registered in a foreign country — can I mark “®” in China?
No. Trademark rights are territorial; a foreign registration has no effect in China. Only a Chinese approval allows the registration symbol in China, and imported goods whose marks are not registered in China and not declared may also be unlawful if they bear a registration symbol.
Q: If a licensee alters the mark, who bears the liability?
Under Article 24 of the guide, the registrant has a duty to supervise the licensee’s lawful use of the registered trademark. If the registrant knows or should know of such alteration and fails to stop it promptly, the registrant bears the legal liability for altering the registered trademark.
Sources
This article is an adapted summary of Part 6 of the CNIPA guide “General Criteria for Judging Ordinary Trademark Violations — Understanding and Application.” Source: China National Intellectual Property Administration (CNIPA). Original text: Understanding and Application (Part 6), dated 2022-11-15. This article is an interpretation for reference only and does not constitute an official interpretation or legal advice.
Further reading: Patent annuity monitoring | Trademark class lookup tool | contact Zhihai Yida Patent Agency (Institution Code 34408).
This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official rules for specifics.