Notice on Strengthening the Management of Trademark Usage
Notice from the Office of the National Intellectual Property Administration on Strengthening the Management of Trademark Usage
Guojizhibao Letter [2025] No. 916
Institutions of Intellectual Property of All Provinces, Autonomous Regions, Municipalities and Xinjiang Production and Construction Corps:
In order to earnestly implement the decisions and arrangements of the Central Committee and the State Council regarding the comprehensive strengthening of intellectual property protection, in accordance with the provisions of the "Trademark Law of the People's Republic of China" and the "Regulations for the Implementation of the Trademark Law of the People's Republic of China" and other laws and regulations, we will strengthen the management of illegal and irregular use of trademarks, guide the entire society to respect and correctly exercise the exclusive rights to trademarks, promote fair competition, and promote high-quality development. The following are the relevant matters hereby notified.
one
Work Objectives
Adhere to putting people's interests first and ensuring fair and reasonable protection. Focus on guiding the entire society to use trademarks in a reasonable and standardized manner. Continuously strengthen the supervision and governance of illegal and irregular trademark usage behaviors, strictly regulate behaviors such as false descriptions through trademarks that deceive and mislead the public, resolutely safeguard the legitimate and orderly trademark usage order, effectively protect the interests of consumers and producers, actively create a market environment of honest operation and fair competition, and help build a unified national market.
two
The key illegal and irregular behaviors under focus
(1) Using deceptive or prohibited unregistered trademarks. The focus is on the use of unregistered trademarks containing phrases such as "exclusive supply", "special supply", "top quality", "national", etc., which cause the public to mistakenly believe about the supply channel or quality of the goods; using unregistered trademarks containing phrases such as "rich in selenium", "organic", "zero additives", "100%", etc., and where the actual attributes of the labeled goods do not match the content, causing the public to mistakenly believe about the main raw materials, components, etc. of the goods; using unregistered trademarks containing place names, years, or phrases such as "handmade", "handcrafted", etc., which cause the public to mistakenly believe about the place of origin, production time, production process, etc. of the goods.
(2) Deceptive Use of Registered Trademarks. The focus is on situations where registered trademarks are combined with product names, advertising slogans, product packaging designs, etc., causing the public to mistakenly believe about the quality, origin, craftsmanship, etc. of the products; cases where the registered matters are altered by oneself, leading the public to mistakenly believe about the quality and other characteristics of the products, or cases where one alters the trademark on their own to seek to imitate others' trademarks.
(3) Using a registered trademark in an unauthorized manner. The focus is on the act of marking a registered symbol or indicating a registered trademark on an unregistered and deceptive trademark.
(4) The use of unregistered trademarks that should have been used. The focus is on the tobacco sector, particularly new tobacco products such as e-cigarettes.
(5) In commercial activities, the term "well-known trademark" is prominently used. Special attention should be paid to the behavior of using the term "well-known trademark" with a certification record in advertising campaigns.
(6) Illegally using collective trademarks or certification marks. The focus is on behaviors where goods using collective trademarks or certification marks fail to meet the quality requirements stipulated in the usage management rules.
(7) Illegal agency by trademark agencies. The focus is on the actions of trademark agencies and their staff in handling malicious trademark registration applications and malicious "cancellation of registration" (to infringe upon the interests of trademark owners).
Three
Work measures
(1) Improve the working mechanism. It is necessary to establish a coordinated working mechanism with the market supervision department, improve the reporting and handling mechanism for violations of trademark usage regulations, open up reporting channels, strengthen collaboration, and form a joint force.
(2) Conduct targeted investigations. Strengthen daily supervision and public opinion monitoring, with a particular focus on areas such as food and drugs, children's toys, and household appliances that are closely related to the vital interests of the people. Timely identify illegal clues and improper behaviors such as using trademarks to deceive and mislead consumers, and enhance the management and law enforcement guidance for trademark usage.
(3) Timely handling of clues. Illegal acts of using trademarks in violation of regulations and violations of the order of the trademark agency market through improper means should have their clues promptly reported to the comprehensive law enforcement team of the market supervision department for investigation and punishment in accordance with the law. Cross-regional case clues can be reported layer by layer to the superior intellectual property management department for coordination and handling.
(4) Strengthen compliance guidance. We should enhance publicity and education for producers and operators, urging them to ensure the quality of goods and services, maintain the reputation of trademarks, abandon speculative tendencies, and conduct business with integrity. In related policies on trademark protection and utilization, we should strengthen the requirements for compliant trademark usage and positively guide enterprises to use trademarks in a compliant manner.
(5) Strengthen comprehensive governance. We should enhance the supervision of trademark agencies, fully leverage the role of industry associations, and encourage trademark agencies to proactively convey correct concepts regarding trademark application and usage to applicants; strengthen credit supervision, and, in accordance with the law and regulations, carry out appropriate credit punishment for all entities that violate the law and cause serious consequences.
(6) Create a favorable environment. We should enhance the publicity of trademark laws and regulations, promptly summarize typical cases and successful practices formed in trademark usage management, and actively create a favorable atmosphere where the public respects and correctly exercises trademark ownership rights.
Each provincial intellectual property bureau should further enhance their political awareness, deeply understand the significance of strengthening trademark usage management, and earnestly enhance their work enthusiasm and initiative. They should comprehensively assess the actual situation in their region, strengthen overall work coordination and collaboration, establish a favorable order for the legal and compliant use of trademarks, and effectively safeguard the interests of the people.
Office of the National Intellectual Property Administration
November 17th, 2025