China’s National Intellectual Property Administration (CNIPA) issued the “Standard for Determining General Trademark Violations” (the Standard), which has served since 2022 as a key operational guideline helping local trademark enforcement authorities apply consistent criteria. This is the first article in our series explaining the Standard; it focuses on Articles 1–4: the legislative purpose and legal basis, the scope of authorities, the meaning of a “general trademark violation” with its ten categories, and which goods must use a registered trademark by law.
1. Legislative Purpose and Legal Basis (Article 1)
Article 1 states the purpose plainly: to strengthen trademark administration, reinforce professional guidance for trademark enforcement, and unify enforcement standards, in accordance with the Trademark Law of the People’s Republic of China, its Implementing Regulations, and relevant laws, regulations and departmental rules.
A trademark is both a commercial sign indicating the source of goods or services (a private right) and a matter touching market order and consumer interests (public and social interests). This dual nature justifies necessary constraints on how marks are applied for and used. The Trademark Law lists “strengthening trademark administration” among its legislative aims, and devotes a whole chapter to the administration of trademark use. Following the 2018 institutional reform, CNIPA assumed trademark administrative duties and, building on the existing legal framework, issued the Standard to give enforcers concrete guidance.
2. Scope of Authorities (Article 2)
Article 2 provides that the Standard applies when authorities in charge of trademark enforcement investigate general violations. Besides market supervision departments, such authorities include intellectual-property departments and comprehensive law-enforcement departments with trademark powers, as defined by local “three-determinations” rules—for example the Pudong New Area IP Bureau in Shanghai, the Changsha IP Bureau, and the Guangzhou Development District IP Bureau.
Notably, China protects exclusive trademark rights through parallel administrative and judicial systems. Protecting a registered mark concerns both the right holder and public order; where use does not infringe a specific right, administration focuses on the public interest, subject to judicial review.
3. What Is a “General Violation” and Its Ten Categories (Article 3)
Article 3 defines a “general trademark violation” as an act that breaches the trademark administration order. It enumerates ten categories:
- (1) failing to use a registered mark where registration is mandatory (Art. 6);
- (2) using marks that may not be used as trademarks (Art. 10);
- (3) using the term “well-known trademark” in commerce (Art. 14.5);
- (4) a licensee failing to show its own name and product origin (Art. 43.2);
- (5) altering a registered mark, the registrant’s name, address or other particulars (Art. 49.1);
- (6) passing off an unregistered mark as registered (Art. 52);
- (7) breaching collective/certification mark administration duties;
- (8) breaching trademark printing administration duties;
- (9) malicious trademark applications;
- (10) other acts breaching the administration order (catch-all).
Drawn up as “enumeration plus catch-all”, the concept is both clear and open-ended. The word “general” describes the type of violation, not its severity, distinguishing it from “infringing/counterfeit” acts. Later articles in this series examine the prohibited-mark, passing-off and malicious-application clauses in detail.
4. Which Goods Must Use a Registered Trademark (Article 4)
China follows voluntary registration in principle, mandatory registration as an exception. Article 4 of the Standard makes clear that, among current laws and regulations, only the Tobacco Monopoly Law imposes mandatory registration.
Therefore, the goods that must use a registered trademark are limited to: cigarettes, cigars, packaged cut tobacco, and new-type tobacco products such as e-cigarettes. These may not be produced or sold without a trademark registered in China, and imported tobacco products sold in China are equally bound. Departmental rules (e.g. on pesticide labelling) impose separate trademark-marking requirements for special goods.
5. Compliance Tips for Enterprises
- Register tobacco-type goods before launch; imported tobacco is no exception;
- Do not attach the ® symbol to unregistered marks—avoid “passing off”;
- Licensees must show their own name and the product origin;
- Avoid prohibited marks under Art. 10 (state symbols, misleading or harmful signs);
- Apply in good faith; hoarding or squatting invites focused enforcement.
Frequently Asked Questions
Q: What is a “general trademark violation” in China, and how does it differ from infringement?
Under Article 3 of the Standard, a “general trademark violation” means an act that breaches the trademark administration order but does NOT infringe another party’s exclusive trademark right. The word “general” refers to the type of violation (administrative-order type), not its severity; it is therefore distinct from “infringing/counterfeit” acts that target a specific trademark. Examples include using prohibited marks under Article 10, altering a registered mark on one’s own, or passing off an unregistered mark as registered.
Q: Which goods must use a registered trademark by law in China?
Under Article 6 of the Trademark Law and the Tobacco Monopoly Law, the only goods for which registration is mandatory are cigarettes, cigars, packaged cut tobacco, and new-type tobacco products such as e-cigarettes. These may not be produced or sold without a registered trademark in China, and imported tobacco products are equally subject to this rule. Special goods such as pesticides have separate labelling rules under departmental regulations.
Q: What general-violation risks should enterprises watch when using unregistered marks?
Even without registration, users must respect the red lines: do not use prohibited marks under Article 10 (e.g. marks similar to the national flag); do not falsely mark a registration symbol on an unregistered mark (passing off); licensees must indicate their own name and the product origin; and tobacco-type goods must be registered. Breaching any of these can trigger administrative action by market regulators.
Q: What role does the Standard play for trademark enforcement authorities?
The Standard is an operational guideline for trademark enforcement, unifying enforcement criteria and strengthening professional guidance. Article 2 clarifies that the authorities in charge of trademark enforcement include not only market supervision departments but also intellectual-property departments and comprehensive law-enforcement departments with trademark powers. It systematically organises the scattered “general violation” provisions into ten categories, giving grassroots enforcement a clear basis.
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Source
This article is compiled from a CNIPA policy interpretation: 国家知识产权局 政策解读 《商标一般违法判断标准》理解与适用（一） (published 2022-11-08). Content is for reference only; please refer to the official latest provisions for the People’s Republic of China (China).