Understanding China’s Trademark Regulations
Selling products in China, whether through traditional exports or online platforms, requires careful trademark protection. Many international businesses assume their home country’s trademark registration is sufficient, but China operates on a first-to-file system, meaning a trademark must be registered in China to have legal protection. Additionally, new regulations introduce restrictions that businesses must follow to avoid penalties.
(2024 Update) To have a comprehensive understanding of trademark protection in China, check out our China IP Protection Whitepaper 2024.
Key Takeaways from China’s "Judgment Standards for Determining Illegal Use of Trademarks"
On January 1, 2022, the China National Intellectual Property Administration (CNIPA) implemented a rule that directly affects how businesses can use their trademarks when selling to the Chinese market. This regulation applies even if you have a pending trademark application in China.
1. Restrictions on "Registered Trademark," "Registered," and the ® Symbol
- If your trademark is not yet registered in China, you cannot use:
- The phrase "Registered Trademark"
- The word "Registered"
- The ® symbol
- This applies to product labels, packaging, and advertisements for goods sold in China.
- Even if your trademark application is pending, you must wait until registration is complete before using these terms.
- Using a registered trademark beyond the approved scope of goods or services is also considered a violation.
What to do: If your products display the ® symbol or indicate registration, you may need to revise packaging or add a disclaimer. Consulting an experienced Chinese IP lawyer can help you determine the best course of action.
2. Keeping Your Trademark Filing Updated
Once your trademark is registered in China, you must keep your registration details up to date.
- If your company name, address, or ownership structure changes, you must update the CNIPA records.
- Failing to update this information can invalidate your trademark rights.
What to do: Engage a qualified Chinese trademark lawyer to ensure your trademark remains compliant.
3. Responsibilities When Licensing a Trademark in China
If you license your trademark to a partner in China (OEMs, distributors, joint ventures), you remain responsible for how they use it.
- If your licensee alters the registered details (e.g., name, address), CNIPA may consider you liable.
- You are expected to monitor and prevent unauthorized modifications.
- A "should have known" clause increases the burden on foreign businesses to police their licensees.
What to do: Include strict provisions in licensing agreements prohibiting alterations to registered trademarks without explicit approval.
4. Avoid Using "China Well-Known Trademark"
Even if your trademark has been officially recognized as "well-known" in China, using this designation on products, packaging, or advertising is prohibited.
- CNIPA enforces strict penalties for unauthorized claims of "well-known trademark" status.
What to do: Ensure that branding, marketing materials, and packaging avoid any references to "China Well-Known Trademark."
Final Thoughts
China’s trademark regulations are strict, and non-compliance can result in fines, product seizures, or brand damage. The best approach is to register your trademark in China, follow all CNIPA guidelines, and seek expert legal guidance for compliance.
You may also find this case study insightful—it highlights how international businesses can encounter trademark squatting in China, even if they are not actively selling in the Chinese market.
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