China Strengthens Oversight of Improper Trademark Use
National Intellectual Property Office issued a notice to strengthen the management of illegal use of trademarks, promoting fair competition. Recently, the National Intellectual Property Office issued a notice requiring the strengthening of management of illegal and improper use of trademarks, guiding all of society to respect and properly exercise trademark rights. Promoting fair competition and driving high-quality development. This information was originally reported in Oriental Tobacco News on November 25, 2025.
Seven Key Areas of Illegal Trademark Use Highlighted
In the notice, particular attention is focused on seven types of illegal activities and violations.
1. Prohibition of Deceptive Unregistered Trademarks
The notice targets unauthorized use of unregistered trademarks containing misleading terms such as “exclusive,” “premium,” “national,” “selenium-rich,” “organic,” “additive-free,” “100%,” and others. Improper use of geographical names, production years, or phrases like “handcrafted” may also mislead consumers about origin, ingredients, or manufacturing processes.
2. Deceptive Use of Registered Trademarks
Authorities will focus on cases where registered trademarks are combined with product names, slogans, or packaging in ways that may mislead consumers about product quality, origin, or craftsmanship. Altering trademark registration details to create misconceptions or attaching them to other trademarks is also prohibited.
3. Impersonation of Registered Trademarks
This refers to displaying registered trademark symbols on deceptive or unregistered trademarks. Misleading the public into believing the mark as officially registered.
4. Failure to Use Registered Trademarks
Special attention is placed on industries such as the tobacco and vape sectors where registered trademarks should be used but are not, potentially affecting compliance and market order.
5. Improper Use of “Well-Known Trademark” Claims
Businesses are warned against prominently using phrases like “famous trademark” in commercial activities or advertising campaigns, even when such recognition exists, to avoid misleading consumers.
6. Misuse of Collective and Certification Trademarks
Authorities will monitor improper use of collective trademarks and certification trademarks, particularly when goods do not meet the quality standards required under usage rules.
7. Illegal Conduct by Trademark Agencies
The notice targets trademark agencies and practitioners involved in malicious trademark applications. Including “malicious registration” and abusive withdrawal of three” actions, which harm trademark owners’ rights and disrupt market order.
