Seven Types of Trademark Use Violations to Be Prioritized for Supervision
National Intellectual Property Administration Issues Notice on Strengthening Trademark Use Management
Recently, the Office of the National Intellectual Property Administration issued a notice on strengthening trademark use management. The notice, in accordance with laws and regulations such as the Trademark Law and the Implementing Regulations of the Trademark Law, aims to enhance the management of illegal and non-compliant trademark use, guide the public to respect and properly exercise trademark exclusive rights, promote fair competition, and foster high-quality development.
The notice specifies that priority will be given to monitoring the use of unregistered trademarks that are deceptive or otherwise prohibited, including those containing terms such as "exclusively supplied," "specially supplied," "premium," or "national"; those containing terms like "selenium-rich," "organic," "zero additives," or "100%," where the actual attributes of the goods do not match the content; and those containing geographical names, years, or terms like "handmade" or "handcrafted." Priority will also be given to monitoring deceptive use of registered trademarks, including combining registered trademarks with product names, advertising slogans, or packaging designs; self-modifying registration details that mislead the public about product quality or characteristics; or self-modifying trademarks to imitate others. In addition to these two categories, five other types of illegal and non-compliant behaviors will be prioritized for monitoring, including using trademarks as if they were registered when they are not, failing to use registered trademarks when required, prominently displaying "well-known trademark" in commercial activities, improper use of collective or certification trademarks, and illegal representation by trademark agencies.
The notice also outlines specific measures for improving working mechanisms, conducting targeted investigations, and promptly addressing identified issues. It requires provincial-level intellectual property offices to further enhance their political stance, deeply recognize the importance of strengthening trademark use management, actively improve their work enthusiasm and initiative, comprehensively assess the actual conditions in their regions, strengthen coordination and collaboration, establish a sound order for lawful and compliant trademark use, and effectively safeguard the interests of the public.