The China National Intellectual Property Administration (CNIPA) has reinforced and clarified requirements for collective and certification marks designated under the Madrid Protocol. This change, highlighted in WIPO’s Information Notice No. 1/2025, clarifies and reinforces existing regulations to enhance compliance with Chinese trademark laws and ensure that international trademark holders meet local regulatory expectations.
The Madrid Protocol
The Madrid Protocol is an international treaty administered by the World Intellectual Property Organization (WIPO), allowing trademark holders to seek protection in multiple member countries through a single application. This system simplifies the international registration process, making it easier for businesses to expand their brand protection globally. As a participant, China enforces specific regulations for trademarks designated within its jurisdiction, ensuring compliance with domestic laws while maintaining international standards.
Collective and Certification Marks
Collective and certification marks serve distinct purposes in trademark law. A collective mark is owned by an association whose members use the mark to indicate affiliation or shared standards. A certification mark, on the other hand, is used to signify that goods or services meet specific quality criteria, often inspected and certified by an independent authority. These marks play a crucial role in distinguishing quality and origin in commercial markets, particularly in sectors such as agriculture, manufacturing, and geographical indications.
China has implemented stringent requirements for collective and certification marks to align with its domestic IP policies. The updated CNIPA guidelines, which apply to international registrations under the Madrid Protocol, introduce additional documentation and procedural obligations for trademark holders seeking protection in China.
Key Requirements
Under the reinforced rules outlined by CNIPA:
Proof of Holder’s Status: Applicants must submit an attestation proving the legal status of the trademark holder. This could include an entry in the Register of Industry or Commerce or an equivalent document from a recognized authority.
Regulations on Mark Use: Holders of collective marks must provide regulations governing the mark’s use, including a list of all organization members permitted to use the mark.
Certification Authority Proof: For certification marks, CNIPA requires documentation proving the holder is qualified to inspect the relevant goods or services and certify their quality.
Additional Geographical Indication (GI) Documentation: If the mark relates to a geographical indication (GI), the applicant must submit details on the quality and reputation of the goods, their geographical scope, and supporting evidence linking the product’s characteristics to the geographic origin. Foreign applicants must also provide proof that the GI is protected in its home country.
Mandatory Submission Deadline: All required documentation must be submitted within three months from the date of CNIPA’s notification of the international registration or subsequent designation. Failure to comply within this period will result in a refusal of protection.
Submission Language: All documents must be in Chinese or accompanied by a Chinese translation.
No Additional Fees: CNIPA has clarified that the submission of this documentation will not incur any additional fees.
Implications for International Trademark Holders
These reinforced requirements reflect China’s commitment to strengthening its trademark regime, particularly in the regulation of quality-based marks and geographical indications. This move aligns with broader global trends to prevent misuse of certification and collective marks and ensure that registered marks meet legitimate industry standards.
For international businesses and associations:
Greater Compliance Burden: Companies seeking to protect certification and collective marks in China must prepare additional documentation, particularly for geographical indications.
Stronger Enforcement Against Misuse: The structured requirements signal a stricter enforcement approach, reducing instances of fraudulent certification marks or bad-faith trademark filings.
Importance of Local Representation: The requirement for direct submission to CNIPA via a China-based representative underscores the importance of partnering with local trademark attorneys for compliance and risk management.
Opportunities for Brand Protection: While these changes introduce procedural hurdles, they also enhance protection for legitimate brands by ensuring that only genuine certification and collective marks receive legal recognition in China.
Looking Ahead
The CNIPA requirements are likely to impact several industries, including agriculture, food and beverage, luxury goods, and regional specialty products. Businesses aiming for long-term trademark protection in China should assess their compliance strategies and work proactively with legal professionals to ensure timely submission of required documentation.
As China continues refining its trademark framework, these changes reflect an effort to harmonize its trademark laws with international standards while addressing domestic enforcement challenges. With collective and certification marks playing an increasingly important role in global trade, understanding and navigating these updated requirements will be crucial for brand owners operating in China’s marketplace.