Pesticide companies, beware! New trademark publicity requirements: non-standard font = potential pitfall? Compliance advice is here

2026-01-07
According to the requirements for the public disclosure of trademark certificates outlined in the "Notice of the General Office of the Ministry of Agriculture and Rural Affairs on Further Regulating Pesticide Management Work", and given the situation of font adjustments in the actual use of trademarks, in order to prevent potential reporting risks and legal liabilities that may arise after public disclosure, we hereby provide relevant analysis and compliance suggestions on the standardization of trademark use, based on the current "Trademark Law" and relevant regulatory provisions, for relevant decision-making considerations.

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1. Background of core issues

1. Core contradiction: Some trademarks, when actually used, have font adjustments that are not fully consistent with the approved style on the registration certificate;

2. Triggering scenario: The Ministry of Agriculture and Rural Affairs requires the publication of trademark certificates, ensuring that the content published and the actual usage comply with regulatory requirements;

3. Potential risks: If the trademark adjustment does not meet compliance standards, it may lead to reports after publicity, resulting in legal consequences such as being ordered to rectify by the industrial and commercial department and trademark revocation.


II. Interpretation of core regulations on trademark use (font, color, font size)

Core Principle: According to the Trademark Law, the exclusive right to use a trademark is limited to the "approved registered trademark" and "approved goods for use". Unauthorized changes to the core elements of a registered trademark, such as words, graphics, and colors, may violate Article 49 of the Trademark Law and may result in corresponding legal responsibilities.



(I) Font usage guidelines

The key to the compliance of font adjustment lies in whether it alters the distinctive characteristics of the trademark or leads to consumer confusion. Specifically, it falls into two categories:

Usage scenarios

compliance judgment

Typical example

Risk Statement

Fine-tuning

Compliance (proper use)

Song → Bold Song, Bold, and Black (adjust stroke thickness and character spacing only)

It can be used as evidence to maintain the validity of trademark registration without changing the core identifiability of the trademark

Significant change

Non-compliant (self-modified registered trademark)

Regular → Variety → Handwritten → Artistic (font styles are completely different)

The business administration may order rectification within a specified period, and failure to comply will result in trademark cancellation.






(II) Color usage specifications

The flexibility in color usage depends on whether the color is specified during trademark registration. The specific requirements are as follows:

Registration type

practical application requirements

Flexibility

propose

color logo

(Specified color)

Use the same color or color combination as registered

Low (no flexibility)

Strictly match registration standards to avoid arbitrary color changes

Black/White/Unspecified Color Trademark

You can use any color without additional changes

High (adapted to various usage scenarios)

New trademark applications should prioritize this category to enhance flexibility in use





(III) Specification for the use of brand name

The current regulations do not impose explicit restrictions on trademark typefaces, but they must meet the core requirements: not altering the core identifying characteristics of the trademark and not causing consumer confusion. It is recommended to evaluate font size adjustments alongside font adjustments to avoid altering the overall visual effect of the trademark due to excessively large or small font sizes, which could result in the trademark being deemed as "self-altering a registered trademark".


III. Warning on Key Illegal and Violative Situations (Strictly to be Avoided)

According to the "Notice on Strengthening the Administration of Trademark Use" issued by the China National Intellectual Property Administration, the following seven types of behaviors are key targets for governance. Once encountered, they will face administrative penalties, and comprehensive investigation and avoidance are required:

1. Using unregistered trademarks with deceptive terms such as "exclusive", "premium", "national", or "selenium-rich";

2. The use of registered trademarks in conjunction with promotional slogans leads to public misidentification of product quality and origin;

3. Using an unregistered trademark as if it were a registered trademark (marked with "®");

4. Cigarettes, electronic cigarettes, and other legally required registered products do not use registered trademarks;

5. Prominently use the term "well-known trademark" for promotion in business activities;

6. Illegally using collective trademarks and certification trademarks (such as exceeding the geographical scope or failing to meet quality requirements);

7. Entrusting an agency to apply for malicious trademark registration.


IV. Compliance rectification and risk prevention suggestions

(1) Self-examination and rectification (adjusting trademarks for existing fonts)

1. Classification and sorting: Investigate all trademarks that have undergone font adjustments, distinguish between "minor adjustments" and "significant changes", and form a list for archiving;

2. Targeted treatment:

A minor adjustment (visually indistinguishable): Retain the comparative description between the original registered style and the actual used style as supporting evidence for compliant use;

Significant changes (with obvious visual differences): Initiate trademark application, and suspend the commercial use and publicity of the adjusted style during the application period.

③ Color matching verification: Simultaneously check the trademark registration type (color/black and white), ensuring that the actual color used is consistent with the registration requirements; if a change of color is necessary, prioritize applying for a black and white trademark before flexibly using it.


(II) Special response to trademark publicity

1. Pre-publication review: Ensure that the displayed trademark is exactly the same as the registered trademark in the registration certificate. For trademarks that have undergone adjustments and have not completed the change, they shall not be published temporarily or marked as "under adjustment during use, change application in progress";

2. Evidence retention: Organize materials such as trademark usage compliance assessment reports and comparative explanations in foreign styles. This will enable quick evidence presentation in case of a complaint, reducing the risk of penalties;

3. Emergency plan: If a "Notice of Order for Rectification" is received from the industrial and commercial department, immediately initiate rectification work, complete adjustments within the deadline, and submit supporting materials to avoid the trademark being revoked.


(III) Long-term compliance management measures

1. Establish an audit mechanism: Any adjustments to the trademark font, color, and size must first be evaluated for compliance by the legal department, and can only be used after passing the audit;

2. Regular maintenance: When there are changes in the name, address, or other information of the trademark registrant, promptly go through the change procedures to avoid the trademark being revoked due to inconsistent information;

3. Optimize registration strategy: For newly applied trademarks, priority should be given to choosing the black and white crocodile design without specifying the color type, to enhance flexibility in use;

4. Strengthen publicity control: It is strictly prohibited to use the term "well-known trademark" in product packaging and advertisements, and to refrain from using deceptive vocabulary as trademark elements.


V. Core Conclusions

The current adjustment of trademark fonts poses potential compliance risks, especially in scenarios where the Ministry of Agriculture and Rural Affairs requires the public display of trademark certificates. It is necessary to prioritize self-examination and rectification. It is recommended to expedite the classification and handling process as per the aforementioned suggestions, to ensure that trademark usage and public display comply with the Trademark Law and relevant regulatory requirements. This will help avoid the risks of reports and administrative penalties from the outset, safeguarding the stability of trademark exclusive rights.


Attachment: Core legal provisions and reference documents

(I) Abstract of core legal provisions

"Trademark Law"

Article 49: If a trademark registrant, in the course of using the registered trademark, unilaterally alters the registered trademark, the registrant's name, address, or other registered details, the local administrative department for industry and commerce shall order it to make corrections within a specified time limit; if no corrections are made upon expiration of the time limit, the Trademark Office shall revoke the registered trademark.

Article 6: For goods that must use registered trademarks as stipulated by laws and administrative regulations, trademark registration must be applied for. Those that have not been approved for registration shall not be sold on the market;

Article 51: Those who violate the provisions of Article 6 of this Law shall be ordered by the local administrative department for industry and commerce to apply for registration within a specified time limit. If the illegal business turnover exceeds 50,000 yuan, a fine of up to 20% of the illegal business turnover may be imposed. If there is no illegal business turnover or the illegal business turnover is less than 50,000 yuan, a fine of up to 10,000 yuan may be imposed.

Article 52: Where an unregistered trademark is used as if it were a registered trademark, the local administrative department for industry and commerce shall stop such use, order a correction within a specified time limit, and may impose a fine.

Article 59: If a registered trademark contains the generic name, graphic, or model of the commodity, or directly indicates the quality, main raw materials, function, use, weight, quantity, and other characteristics of the commodity, or contains a geographical name, the exclusive right holder of the registered trademark shall not have the right to prohibit others from using it legitimately.



"Judgment Standards for General Trademark Infringement"

Article 18: The term "altering the registered trademark on one's own" as mentioned in Paragraph 1 of Article 49 of the Trademark Law refers to the unauthorized partial alteration or change in relative position of the constituent elements of a registered trademark, such as words, graphics, letters, numbers, three-dimensional symbols, color combinations, sounds, etc., by the trademark registrant, which affects the recognition or identification of the registered trademark, but still bears the indication of "registered trademark" or the registration mark.



"Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving the Confirmation of Trademark Authorization"

Article 26: The use of a trademark by the trademark owner himself, by others with permission, or by others in a manner that does not violate the will of the trademark owner may be deemed as use within the meaning of Paragraph 2 of Article 49 of the Trademark Law.

If there are minor differences between the trademark logo actually used and the one approved for registration, but the distinctive characteristics remain unchanged, it can be regarded as the use of the registered trademark.

The mere act of transferring or licensing a registered trademark without actually using it, or merely publishing trademark registration information and claiming exclusive rights to use the registered trademark, shall not be deemed as trademark use.

Where the trademark owner has the intention to genuinely use the trademark and has made necessary preparations for actual use, but has not actually used the registered trademark due to other objective reasons, the people's court may determine that the owner has legitimate reasons.



"Solicitation of Opinions on the Trademark Law (Revised Draft)"

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(II) Reference document links: 1. Understanding and Application of the "Judgment Standards for General Trademark Violations" (V) 2. Focus on addressing seven types of illegal and irregular behaviors! Explanation of the "Notice on Strengthening the Management of Trademark Use" issued by the State Intellectual Property Office 3. When registering a trademark, colors cannot be chosen arbitrarily!

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