The article is written by Partner and European Trademark & Design Attorney Charlotte Rask Boddum.
A key focus area is the use of so-called premium and quality claims. Terms such as Premium, Exclusive, Special Edition, or Exclusively supplied will henceforth be assessed critically if they may give consumers a misleading impression of the product’s origin, quality, or special characteristics – regardless of whether the terms are used in trademarks, on packaging, or in marketing materials.
Read more about how to obtain protection for your trademark.
In addition to these premium and quality claims, the authorities have indicated a particular focus on products closely related to everyday life, such as food, medicine, children’s toys, and various household goods. If your company operates within these sectors, there is reason to pay close attention.
When Chinese trademark practice meets European compliance requirements
This approach aligns with the increased regulatory scrutiny we are also seeing in Europe and Denmark. Here, stricter requirements apply to the use of quality and sustainability claims in marketing, stemming not only from legislation but increasingly from administrative practice and case law.
Our experience from working with greenwashing compliance in Denmark shows that unclear or undocumented claims can quickly develop into a business and regulatory risk area – a trend that is now increasingly evident in China as well.
First to File in China – Why Early Trademark Registration Is Crucial for Your Rights
At the same time, it is important to note that China follows the First to File principle. This means that the right to a trademark generally belongs to the party that first files the application – and not necessarily the party that first used the mark. Late or missing registration may therefore have serious commercial consequences.
Increased Official Focus on Misuse and Non-Use of Registered Trademarks
The Chinese authorities will also take stricter action against misuse of registered trademarks, improper use of the ® symbol, and lack of genuine use of registered marks. Overall, this will strengthen the legal position of holders of validly registered trademarks.
Advice on Trademarks and Marketing in China
We advise companies on trademarks in China throughout the entire process – from the strategic filing of trademark applications and securing rights under the First to File system to assessing trademark and marketing use in light of both Chinese and European compliance requirements.
Please feel free to contact us for a specific assessment of your trademarks and marketing activities in China.
