China’s National Intellectual Property Administration (CNIPA) issued the “Standard for Determining General Trademark Illegalities” (the Standard), which explains, article by article, how “general illegal” acts in trademark use, registration and printing are identified. This article focuses on Articles 30, 31 and 32 of the Standard, which concern the common business activity of trademark printing: the meaning of trademark printing, and the verification duties and legal liabilities of printers when accepting jobs involving registered or unregistered trademark identifiers.
Printers sit at the front end of the trademark supply chain. Whether they perform their verification duty determines whether冒充 registered trademarks or counterfeiting others’ registered trademarks can be stopped at the source.
1. Article 30: What is “trademark printing”?
Article 30 defines trademark printing as the act of printing or making trademark identifiers. It clarifies that marking trademark words or designs directly onto a product, its parts, or its main raw materials (excluding packaging) by dyeing, stamping, etc. is a product manufacturing or processing act and generally does not constitute trademark printing.
The practical point is that the Trademark Printing Administration Measures (Articles 2 and 15) limit “trademark printing” to printing or making identifiers. Enforcement must distinguish trademark printing from product manufacturing, so as not to misapply the law by wrongly treating manufacturing as identifier printing.
2. Article 31: Verification duty for printing registered-trademark identifiers
Article 31 provides that when a printer accepts an identifier bearing the words “registered trademark” or the registration mark, it must, per Articles 3, 4, 5 and 7 of the Trademark Printing Administration Measures, check the Trademark Registration Certificate and other documents, confirm the mark matches the registered mark, and confirm the registration is valid.
The client must show its business license or valid business proof and identity; for a registered mark, the Registration Certificate (with a copy) is required, and a licensee must also show the license contract or authorization. The printer must verify these documents and the artwork; if documents are missing or the artwork does not match, the job must be refused. A printer that fails this duty is subject to investigation and penalty by the trademark enforcement authority.
3. Article 32: Verification duty also applies to unmarked identifiers
Easily overlooked: when printing an identifier that does NOT bear the “registered trademark” words or mark, the printer still has duties under Articles 3, 6 and 7 of the Measures — it must verify documents and artwork, and search the CNIPA website to see whether someone else has already registered an identical mark for the same goods or services.
If such a registration exists and the printer still accepts the job, it is handled under Article 13 of the Measures as trademark infringement within the meaning of Article 75 of the Implementing Regulations of the Trademark Law, dealt with by the market supervision authority under the Trademark Law.
Because similarity of goods and marks is professional, the Standard sets the printer’s minimum duty as checking whether an identical mark is registered for the same goods or services, and requires an active CNIPA search. A printer that neglects this duty and prints a mark identical to another’s registered mark for the same goods commits “knowingly facilitating others’ infringement” under Article 57(6) of the Trademark Law.
4. Practical checklist
- Printers should build a verification workflow, separating the rules for registered vs. unregistered marks.
- For ® marks: verify the Registration Certificate and validity. For unmarked marks: actively search for conflicting identical marks.
- Search CNIPA for identical/similar marks and keep copies of supporting documents.
- Refuse any job with missing documents, mismatched artwork, or suspected infringement.
Related: for China’s goods/services classification, see Trademark Classification (Nice Classification); to monitor official fees and renewal deadlines for trademarks and patents, use our free patent & trademark fee monitor.
Frequently asked questions
Q: Does printing a logo directly onto a product count as “trademark printing”?
A: Generally no. Marking trademark words or designs directly onto a product, its parts, or its main raw materials (excluding packaging) by dyeing, stamping, etc. is treated as product manufacturing or processing. Only printing or making a separate trademark identifier constitutes “trademark printing” under the Standard.
Q: What must a printer verify when printing marks bearing ® or the words “registered trademark”?
A: The printer must check the Trademark Registration Certificate and other supporting documents, confirm that the mark to be printed matches the registered mark, and confirm that the registration remains valid. Failure to perform this verification exposes the printer to investigation and penalty by the trademark enforcement authority.
Q: If a mark has no ® symbol, does the printer need no verification?
A: No. The printer must still check the supporting documents and the mark artwork, and must search the CNIPA website to see whether someone else has already registered an identical mark for the same goods or services. If such a registration exists and the printer still accepts the job, it is treated as trademark infringement under Article 13 of the Trademark Printing Administration Measures.
Q: What are the consequences if a printer negligently prints a mark identical to another’s?
A: If another party has registered an identical mark for the same goods, the printer’s acceptance of the job constitutes trademark infringement under Article 75 of the Implementing Regulations of the Trademark Law, handled by the market supervision authority under the Trademark Law. A printer that neglects its verification duty and facilitates infringement may also violate Article 57(6) of the Trademark Law (knowingly facilitating others’ infringement of trademark rights).
Source: CNIPA, “Standard for Determining General Trademark Illegalities — Understanding and Application (Part 8)” (published 2022-11-17). Original: https://www.cnipa.gov.cn/art/2022/11/17/art_66_180376.html (China National Intellectual Property Administration, CNIPA).
This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official provisions for specifics.