2025/12/26 14:02:56
The China National Intellectual Property Administration (CNIPA) has issued a notice aiming to strengthen trademark use management, strictly regulate deceptive or misleading public conduct implemented through trademarks, and safeguard fair market competition order and public interests.
I. Key Prohibited and Non-compliant Activities
1) Using unregistered trademarks containing deceptive or other prohibited elements (e.g., unregistered marks containing terms like "Specially Supplied," "Premium," "Zero Additives," "Organic," "100%," "Handmade," geographical names, or years), which misleads the public regarding product origin, production date, craftsmanship, or other characteristics.
2) Deceptively using registered trademarks (e.g., combining a registered trademark with slogans or packaging in a way that misleads the public about product quality or other characteristics; altering registered information to mislead; or free-riding on others' trademarks).
3) Impersonating a registered trademark for use (such as marking a registration mark on an unregistered trademark or claiming to be a "registered trademark").
4) Failing to use a registered trademark where its use is required (focusing particularly on the tobacco sector, including new tobacco products like e-cigarettes).
5) Prominently using the term "Well-known Trademark" in commercial activities (focusing on using the term "Well-known Trademark," based on prior recognition records, in advertising and promotion).
6) Non-compliant use of collective or certification trademarks (e.g., using such marks on goods that do not meet the specified quality standards associated with them).
7) Illegal activities by trademark agencies (e.g., assisting with malicious trademark filings or malicious "non-use cancellation" requests that harm trademark owners' rights).
II. Key Regulatory Measures
1) Establish a sound cooperation mechanism between intellectual property departments and market supervision departments, improve channels for receiving reports of violations, and strengthen collaborative efforts.
2) Focus on conducting key investigations in the fields of food, medicine, children's toys, household appliances, etc., and promptly discover clues of trademark fraud and misleading information.
3) Promptly report illegal clues to law enforcement departments for investigation, and cross regional cases can be reported to higher-level departments for coordinated handling.
4) Strengthen compliance guidance for enterprises, urge producers and operators to ensure the quality of goods and services, operate with integrity, and strengthen the requirements for compliant use of trademarks.
5) Strictly supervise trademark agencies and leverage the role of industry associations; Strengthen credit supervision and carry out dishonest punishment for serious violators in accordance with the law.
6) Increase the promotion of trademark regulations, summarize typical cases and experiences of trademark management, and create an environment for compliant use of trademarks and respect for trademark rights throughout society.






