On November 23, 2021, the CNIPA issued Guidelines on Trademark Protection and Enforcement in China, which specifically gave strategic suggestions on enterprise trademark protection, as follows:

●Make standardized use of trademarks after registration In order to maintain the exclusive right of registered trademarks and prevent infringement risks, the trademark registrants shall standardize the use of registered trademarks. Generally speaking, the enterprises shall pay attention to the following points:

1. Principle of strict compliance: in principle, the trademark registrant using the registered trademark in commercial activities shall strictly keep the trademark pattern consistent with that as stated in the trademark registration certificate.

2. Nuance exception: where the trademark in actual use is slightly different from the trademark approved for registration, but the distinctive features of the trademark have not been changed, it may be deemed as the use of the registered trademark.

3. Fixation of approved goods: the approved goods or services are listed after the trademark is approved for registration, and the actual use of the trademark cannot exceed the scope of approval.

4. Change of nominal address: a trademark registrant shall file an application for change with the Trademark Office in a timely manner in accordance with the law after any change occurs in the name, address of the trademark registrant and other matters concerning registration.

5. Standard marking: if a registered trademark is used,

“registered trademark” or registration mark “®” “ ” may be marked on the goods, goods packaging, instructions or other attachments.

6. Prohibition on well-known publicity: producers and operators shall not use the words of “well-known trademark” on goods, goods packaging or containers, or in advertising, exhibitions or other commercial activities, otherwise they will be ordered to make corrections and fined RMB 100,000.

●Pay attention to generate and retain evidence of use to avoid the risk of trademark revocation In order to avoid the risk of revocation of a trademark of which the use has ceased for three consecutive years, an enterprise shall generate and retain evidence of the use of the trademark in advance.

●Establish early warning of exclusive right to use a trademark An enterprise shall establish a comprehensive trademark monitoring system according to different needs, including but not limited to:

1.Monitoring of its own trademarks: an enterprise shall establish a trademark archives management system, provide a complete list of trademarks, and make comprehensive monitoring of its trademarks, especially the renewal of the registered trademarks, so as to prevent the loss of the exclusive right to use the registered trademarks due to missing the renewal period.

2 .Monitoring of another person’s trademarks: by monitoring another person’s trademarks, an enterprise can take timely actions to initiate procedures of trademark opposition or invalidation or revocation due to cessation of use for three consecutive years so as to avoid its own trademark rights from being affected. In addition, the monitoring of the competitors’ trademarks can timely understand the competitors’ latest business layout or trends.

3.Monitoring of torts: the field of e-commerce is a high incidence of trademark infringement. The monitoring of use of trademarks on major e-commerce platforms can timely find clues of infringement and eliminate potential risks of infringement as soon as possible.

Source:https://www.cnipa.gov.cn/art/2021/11/30/art_53_171784.html