In order to unify the enforcement standards, the China National Intellectual Property Administration recently issued the Standards for Judging General Trademark Violations, which will come into force since January 1^st, 2022.

• What are the general trademark violations? (Article 3)

1. required to use the registered trademark and not use;
2. use of signs that are not allowed to be used as trademarks;
3. use of " well-known trademarks" in commercial activities;
4. the trademark licensee does not indicate its name and origin of goods;
5. trademark registrant changes the registered trademark, registrant's name, address or other registration matters in the process of using the registered trademark;
6. unregistered trademarks are used as registered trademarks;
7. failure to perform the collective trademark and proof of trademark management obligations;
8. failure to perform the trademark printing management obligations;
9. malicious application for trademark registration.

• Deceptive signs shall not be used as trademarks, which are deemed to be deceptive? (Article 9)

1. easily make the public to misunderstand the quality, main raw materials, function, use, weight, quantity and other characteristics of the goods or services;
2. easily make the public misunderstanding of the origin of goods or services;
3. other characteristics of the use of goods or services such as quality or origin more than its inherent degree or inconsistent with the facts, so that the public is likely to misunderstand.

• Sign with adverse effects shall not be used as a trademark, which are the circumstances of the adverse effects? (Article 12)

1. harmful to national security and national unity;
2. damaging to the sovereignty, dignity and image of the country;
3. harmful to ethnic and racial dignity or feelings;
4. harmful to religious beliefs, religious feelings or folk beliefs;
5. same or similar to the name of terrorist and cult organizations;
6. same or similar to the specific name of the public emergency;
7. same or similar to the name or portrait of a political, economic, cultural, religious or ethnic public figure, which has a negative impact on the public interest and public order;
8. other situations with negative impact on the public interest and public order.

• What are the matters of self-change of trademark registration? (Article 20)

1. the name of the trademark registrant is changed without applying for change registration to the China National Intellectual Property Administration;
2. after the change of address of the trademark registrant without applying for change registration to the China National Intellectual Property Administration, or the actual address of the trademark registrant and the address recorded in the "Trademark Register Book" is inconsistent;
3. other matter besides the name and address of the trademark registrant is changed without applying to the China National Intellectual Property Administration for a change registration.

• What are the impersonations of registered trademark? (Article 23)

1. using a trademark that has not been registered with the China National Intellectual Property Administration marked as a "registered trademark" or marked with a registration mark;
2. using a trademark that has been rejected or not yet approved for registration by the China National Intellectual Property Administration and marked as a "registered trademark" or with a registration mark;
3. the registered trademark has been revoked, declared invalid, cancelled or approved after the application for cancellation is not renewed due to expiration, continue to mark "registered trademark" or marked with the registration mark, except for goods that have entered the circulation before the expiration of the registered trademark;
4. beyond the approved use of the goods or services of the registered trademark and the use of the trademark and marked "registered trademark" or marked with the registration mark;
5. after changing the distinctive features of the registered trademark still marked as "registered trademark" or marked with the registration mark;
6. the combination of the use of more than two registered trademarks and labeled registration mark, but not in accordance with the registered trademark labeled registration mark one by one;
7. marked "registered trademark" or marked with the registration mark of imported goods, the trademark is not registered in China and not declared.

If you want to read the complete article, you can refer to the below link (in Chinese only):  http://www.shanghaiinvest.com/cn/viewfile.php?id=17042

If you have any question, please contact me. 

Mr. Mike Chang (Partner)

TEL: 0086-21-68868321

Email: mikechang@shanghaiinvest.com