Part I Protection of Geographical Indication Products
Regulations
At present, two systems involve the protection of geographical indications in China, the Measures for the Protection of Geographical Indication Products, and the trademark system via registering and protecting geographical indications as collective trademarks or certification trademarks. The legislative work on geographical indications is still in progress.
The original third protection system is to protect agricultural product geographical indications pursuant to the Measures for the Administration of Agricultural Product Geographical Indications. The registration of agricultural product geographical indications under this system has been ceased in March 2022. However, agricultural product geographical indications that have been registered before are still protected by law and now under administration of the CNIPA.
Trademark Law & Implementing Regulations
Trademark Law: adopted by the Standing Committee of the National People's Congress on August 23, 1982 and came into effect on March 1, 1983; amended for the first time on February 22, 1993; amended for the second time on October 27, 2001; amended for the third time on August 30, 2013; amended for the fourth time on April 23, 2019 and came into effect on November 1, 2019.
Implementing Regulations: promulgated by the State Council on August 3, 2002; amended on April 29, 2014 and came into effect on May 1, 2014.
Other Rules
Rules on the Registration and Administration of Collective Trademarks and Certification Trademarks: promulgated by the CNIPA on December 29, 2023, and implemented on February 1, 2024.
Measures for the Protection of Geographical Indication Products: promulgated by the CNIPA on January 2, 2024, and implemented on February 1, 2024.
Measures for the Administration of Geographical Indications of Agricultural Products: promulgated by the Ministry of Agriculture on December 25, 2007, and implemented on February 1, 2008; amended on April 25, 2019, and implemented on April 25, 2019. In March 2022, the Ministry of Agriculture and Rural Affairs ceased the registration of geographical indications of agricultural products.
Rules on the Protection of Geographical Indication Products: promulgated by the General Administration of Quality Supervision, Inspection and Quarantine on May 16, 2005, and implemented on July 15, 2005.
Measures for the Administration of the Use of Special Symbol for Geographical Indication (Trial): promulgated by the CNIPA on April 3, 2020, and implemented on April 3, 2020.
Conventions
China became a member of the Convention Establishing the World Intellectual Property Organization on June 3, 1980, the Paris Convention for the Protection of Industrial Property on March 19, 1985, the Madrid Agreement Concerning the International Registration of Marks on October 4, 1989, the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks on August 9, 1994, the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks on December 1, 1995 and the Marrakesh Agreement Establishing the World Trade Organization on December 11, 2001.
China and France signed the Memorandum of Understanding on the Cooperation of Geographical Indications of Agricultural and Food Products between the China National Intellectual Property Administration and the French Ministry of Agriculture and Food and the French National Institute of Origin and Quality on November 6, 2019, which was renewed in May 2024. China and the European Union signed the Agreement on Geographical Indication Protection and Cooperation on September 14, 2020, which came into effect on March 1, 2021.
Administration Authorities
The Trademark Office of the CNIPA is responsible for the management and protection of geographical indication products and special symbol throughout the country; it uniformly accepts and examines applications for protection of geographical indication products and approves geographical indication products in accordance with the law.
Local intellectual property bureaus are responsible for the management and protection of geographical indication products and special symbol within their administrative regions.
The CNIPA is responsible for the registration and administration of trademarks in China, as well as the settlement of disputes relating to trademarks.
The CNIPA is responsible for conducting the operational guidance and policing of trademark enforcement, including formulating and guiding standards of trademark enforcement.
State Administration for Market Regulation is responsible for the organization and overall guidance of trademark enforcement.
Geographical Indications
A geographical indication is a sign which indicates a good as originating in certain region, where a specific quality, reputation or other characteristic of the good is essentially determined by the natural or human factors of the region.
System I. Protection of Geographical Indication Products
This is the first system for geographical indication protection, protecting geographical indication products in accordance with the Measures for the Protection of Geographical Indication Products.
The original third system protected agricultural product geographical indications in accordance with the Measures for the Administration of Agricultural Product Geographical Indications. The registration work therefor was ceased in March 2022. The previously registered agricultural product geographical indications are still valid, and now under administration of the CNIPA.
Geographical Indication Products
Geographical indication products refer to products produced in a specific region, whose quality, reputation or other characteristics are essentially determined by the natural and human factors of the origin.
Geographical indication products include: (1) planting and breeding products from the region; (2) products whose raw materials are all from the region or partly from other regions and are produced and processed in the region according to specific processes.
Geographical indication products should have authenticity, regionality, specificity and relevance.
Authenticity means that the name of the geographical indication product has been widely known to the public after long-term continuous use. Regionality means that all or major production links of the geographical indication product should take place within a limited regional area. Specificity means that the product has obvious quality characteristics, specific reputation or other characteristics. Relevance means that the specificity of the product is determined by the natural and human factors of a specific region.
Protection Principles
The protection of geographical indication products follows the principle of voluntary application and the recognition of geographical indication products follows the principle of openness.
The application for geographical indication product protection and the use of the name of the geographical indication product and the special symbol for geographical indication shall follow the principle of good faith.
Name & Symbol
As for the protected geographical indication product, the product name and the special symbol for geographical indication shall be used in accordance with the related regulations.
The name of the geographical indication product can be a combination of a name with geographical indication function and a common name that reflects the authentic attributes of the product, or it can be a conventional name with a long history of use.
Products not to be Recognized
A product shall not be recognized as geographical indication product if any of the following circumstances occurs:
(1) The product name or product violates the law, violates public order and good morals, or harms the public interest;
(2) The product name is only a generic name of the product;
(3) The product name is a registered trademark or an unregistered well-known trademark of another person, which misleads the public;
(4) The product name is the same as the name of a protected geographical indication product, which causes the public to misunderstand the geographical origin of the product;
(5) The product name is the same as the name of a plant variety or animal breeding approved in China, which causes the public to misunderstand the geographical origin of the product;
(6) The product or specific process violates safety, hygiene, and environmental protection requirements and may cause harm to the environment, ecology, and resources.
Applicants
An application for the protection of the geographical indication product may be filed by the government at or above the county level in the production area or a representative social organization or protection application institution designated by the government as the applicant.
If the place of production of the product applied for protection is within the county, the government at or above the county level shall propose suggestions on the scope of the production area; if the production area is across the county, the common superior local government shall propose suggestions on the scope of the production area; if the production area is across the prefecture-level city, the relevant provincial government shall propose suggestions on the scope of the production area; if the production area is across the province, the relevant provincial governments shall jointly propose suggestions on the scope of the production area.
Application and Preliminary Examination
Application materials for protection of geographical indication products shall be submitted to the provincial intellectual property bureau.
Application materials include:
(1) Proposal of the relevant local government on the demarcated production area of the geographical indication products;
(2) Documents of the relevant local government on the application and protection mechanism of geographical indication products;
(3) Relevant materials for geographical indication products, including:
1) Protection application form for geographical indication products;
2) Protection requirements for geographical indication product, including name and category of the product; applicant information; scope of production area; product description; description of the product's physical, chemical, sensory and other quality characteristics, specific reputation or other characteristics and their relationship with the natural and human factors of the product origin; information on the local intellectual property bureau that serves as the administrative authority for the use of special symbol;
3) Product quality inspection and testing reports;
4) Technical standards of the geographical indication products to be protected;
5) Documentary records of the long-term and continuous use of the product name;
6) Description of the fame of the product, product production and sales;
7) Information on the inspection and testing agency for the special quality of the geographical indication products.
(4) Other description or supporting materials.
The provincial intellectual property bureau shall make a preliminary examination opinion within three months from the date of receipt of the application. If the application is in compliance with the related regulations, the preliminary examination opinion and application materials shall be submitted to the CNIPA. If the application is not in compliance with the related regulations, the bureau will notify the applicant.
Examination
After receiving the preliminary examination opinion and application materials, the CNIPA will conduct a formality examination. If the application is in compliance with the related regulations, the CNIPA will accept the application and notify the applicant.
If the application is not in compliance with the related regulations, the CNIPA will notify the applicant. The applicant will have four months from the date of receipt of the notice to response. If no response is filed within the time limit or the application after the response is still not in compliance with the related regulations, the CNIPA will not accept the application and notify the applicant.
As for an accepted application for protection of geographical indication product, the CNIPA will organize a technical examination, which will be conducted by the Geographical Indication Product Expert Examination Committee established by the CNIPA.
The technical examination includes conference examination and necessary origin verification, with which the applicant shall cooperate.
Preliminary Approval & Opposition Term
If upon the technical examination, the CNIPA finds that the application is in compliance with the related regulations, the CNIPA will issue a preliminary approval announcement. If the application is not in compliance with the related regulations the CNIPA will refuse the application and notify the applicant.
Within two months from the date of the preliminary approval announcement, an entity or individual who believes that the protection application of the geographical indication product preliminarily approved violates the related regulations, shall submit an opposition request to the CNIPA, stating the grounds for the opposition and attaching relevant evidence materials.
If the opposition request has any of the following circumstances, the CNIPA will not accept the opposition and notify the opponent:
(1) the opposition is not submitted within the statutory period;
(2) there are no specific grounds for the opposition.
Opposition Examination
After accepting the opposition request, the CNIPA will promptly notify the applicant of the protection application opposed and organize the two parties to negotiate. If the negotiation fails, the CNIPA will organize the Geographical Indication Product Expert Examination Committee to examine and make a ruling.
If finding that the opposition is justified, the CNIPA will make a decision not to approve and notify the opponent and the applicant of the protection application.
If finding that the opposition is not justified, the CNIPA will refuse the opposition and notify the opponent and the applicant of the protection application.
Approval Announcement
If there is no opposition within the statutory period, or if the opposition is not justified, the CNIPA will issue an approval announcement.
Protection Systems
The government of the place where the geographical indication product is located shall plan and implement the construction of protection systems such as standard system, testing system and quality assurance system.
After the geographical indication product received protection, according to factors such as the production area, category and fame of the product, the applicant shall cooperate in the formulation of national standards, local standards and organization standards for geographical indication products, and develop national standard samples according to product categories. The standards shall not change the mandatory provisions such as the name, product category, production area, specific quality, etc. approved in the requirements for geographical indication protection.
The inspection and testing work of the specific quality of geographical indication products shall be undertaken by the inspection and testing institutions with relevant qualifications. If necessary, the CNIPA shall organize the inspection and testing institutions to conduct re-inspections.
Use Application and Registration
Application & examination
Producers within the product area of geographical indication products who wish to use the special symbol shall apply to the local intellectual property bureau in the origin and submit the following materials:
(1) Application form for use of special symbol for geographical indication;
(2) Specific quality inspection & testing reports for geographical indication products.
The local intellectual property bureau in the origin shall verify the origin of the producer who applies to use the special symbol. The above application shall be reviewed by the local provincial intellectual property bureau and then examined by the CNIPA. If upon examination, finding that the application is in compliance with the related regulations, the CNIPA will register and announce the use application. Then the producer can use the special symbol for geographical indication on its products.
The CNIPA may also entrust a qualified provincial intellectual property bureau to conduct an examination. If upon the examination, the bureau finds that the application is in compliance with the related regulations, the CNIPA will register the use application and make announcement.
Recordal
If the special symbol for geographical indication is used in public service activities such as seminars, exhibitions, and fairs, a recordal application shall be submitted to the local provincial intellectual property bureau with the following materials:
(1) Recordal application for the use of special symbol for geographical indication;
(2) Specimen to be used for the special symbol for geographical indication.
The local provincial intellectual property bureau will review the above recordal application and, if finding that the application is in compliance with the related regulations, forward the application to the CNIPA for recordal. After the recordal is made with the CNIPA, the relevant entity may use the special symbol for geographical indication in public service activities.
User’s obligations
The legitimate user of the special symbol for geographical indication shall abide by the principle of good faith and perform the following obligations:
(1) Organizing the production of geographical indication products in accordance with relevant standards, management specifications and use management rules;
(2) Standardized marking the special symbol for geographical indication in accordance with the use requirements of the special symbol for geographical indication;
(3) Promptly disclosing to the public and regularly reporting the use of the special symbol for geographical indication to the local intellectual property bureau.
The producer of a geographical indication product shall organize production in accordance with the relevant standards.
After the geographical indication product received protection, the applicant shall take measures to manage the use of the product name and special symbol for the geographical indication, and the specific quality of the product, etc.
Use requirements
The legitimate user of the special symbol for geographical indication shall download the basic pattern vector from the official website of the CNIPA. The vector of the special symbol for geographical indication can be scaled in proportion, and the symbol shall be clear and recognizable. The pattern shape, composition, font, image-text ratio, color value, etc. of the special symbol shall not be changed.
Where a special symbol for geographical indication is used for a protected geographical indication product, the Unified Social Credit Code shall be marked at the designated position of the special symbol for geographical indication.
If a special symbol for geographical indication is used for a protected foreign geographical indication product, the distributor’s Unified Social Credit Code shall be marked at the designated position of the special symbol for geographical indication, the special symbol for geographical indication and the geographical indication name shall be used at the same time, and the implemented geographical indication standard code or approval announcement number shall be also marked on the product label or packaging.
Such use of the product name or special symbol for geographical indication refers to the use of the product name or special symbol for geographical indication on the product, product packaging or container and product transaction documents, or the use of the product name or special symbol for geographical indication in advertisement, exhibitions and other commercial activities to identify the origin of the product or the protected geographical indication product.
The legitimate user of the special symbol for geographical indication can use the following manners to mark the special symbol for geographical indication:
(1) Attaching the special symbol for geographical indication to the product itself, product packaging, container, label, etc. by direct attachment, engraving, branding or weaving;
(2) Using it on product additional labels, product manuals, introduction manuals, etc.;
(3) Using it on media such as radio, television, and publicly issued publications, including advertisement for geographical indications by billboards, mailings or other advertising manners;
(4) Using it at exhibitions and fairs, including printed materials and other materials with the special symbol for geographical indication provided at exhibitions and fairs;
(5) Using it on Internet carriers such as e-commerce websites, WeChat, WeChat public accounts, Weibo, QR codes, and mobile applications;
(6) Other marking manners that are in compliance with laws and regulations.
Supervision
The CNIPA is responsible for uniformly formulating and issuing requirements for the administration of the use of the special symbol for geographical indication, and organizing and implementing the supervision and administration of the use of the special symbol for geographical indication.
A local intellectual property bureau is responsible, within their administrative regions, for daily supervision of the production area, product name, specific quality, compliance with standards, and use of the special symbol for geographical indication with respect to a protected geographical indication product.
The intellectual property bureaus and relevant law enforcement authorities shall investigate and handle the following acts in accordance with the related regulations:
- using the special symbol for geographical indication without registration;
- counterfeiting the special symbol for geographical indication;
- using names or signs that are similar to the special symbol for geographical indication and likely to cause misunderstanding; or
- using texts or pattern signs that are likely to mislead consumers and cause consumers to mistake the product as the geographical indication,
A provincial intellectual property bureau shall regularly report to the CNIPA the supervision information of geographical indication products and the special symbol and the operation of the protection system.
Where the legitimate user of the special symbol for geographical indication fails to organize production in accordance with the corresponding standards, management specifications or relevant use management rules, or fails to use the special symbol on a protected geographical indication product within two years, the intellectual property bureau shall suspend its qualification to use the special symbol for geographical indication.
Changes
When the applicant should change the protection needs of a geographical indication product, the applicant shall submit an application for changes to the CNIPA.
No change in main content
For any update and improvement to protection requirements that do not change the specific quality and product form, and do not involve a change to product name or product area, the local provincial intellectual property bureau will give a preliminary review opinion.
After receiving the preliminary review opinions of the provincial intellectual property bureau, the CNIPA will organize to examine the application for change of the protection needs for the geographical indication product. If the application is in compliance with the related regulations, the CNIPA will issue a change announcement. If the application is not in compliance with the related regulations, the CNIPA will notify the applicant.
Changes in main content
For any change of the protection needs that involves the main content such as the product name, the protection area, the specific quality or product form, the local provincial intellectual property bureau will give a preliminary review opinion.
After receiving the preliminary review opinions of the provincial intellectual property bureau, the CNIPA will organize the Geographical Indication Product Expert Examination Committee to conduct technical examination. If the application is in compliance with the related regulations, the CNIPA will issue a preliminary change announcement. If the application is not in compliance with the related regulations, the CNIPA will notify the applicant.
If no opposition is filed within two months from the date of the preliminary change announcement, or the opposition is not justified, the CNIPA will issue a change announcement.
Cancellation
If any of the following circumstances occurs, any entity or individual may, from the date of the CNIPA’s approval announcement, request the CNIPA to cancel the protection of a geographical indication product, state the grounds and attach relevant evidence materials:
(1) The product name has become a generic name;
(2) The name of the geographical indication product has not been used in production and sales for three consecutive years;
(3) Changes in natural or human factors have made it impossible to guarantee the specific quality of the geographical indication product, and such situation is difficult to restore;
(4) The product or the product name violates the law, violates public order and good morals, or harms the public interest;
(5) The product or the specific process violates safety, hygiene, and environmental protection requirements and may cause harm to the environment, ecology, and resources;
(6) The protection is obtained by fraud or other unfair means.
If the cancellation request does not specify the grounds for cancellation, the CNIPA will not accept the request and notify the petitioner.
The CNIPA will examine the cancellation request, make a decision, and notify the parties concerned.
If the CNIPA decides to cancel the protection of a geographical indication product, it will issue a cancellation announcement.
If a party concerned is dissatisfied with the cancellation decision, it may institute legal proceedings with the court within six months from the date of receipt of the decision.
Removal
Where a producer who is approved to use the special symbol for geographical indication has any of the following circumstances, the CNIPA will remove the registration of the use of the special symbol for geographical indication, order the producer to cease the use of the special symbol for geographical indication and issue an announcement:
- The business license has been cancelled or revoked;
- The relevant production license has been cancelled or revoked;
- It has moved out of the production area of the geographical indication product;
- It is no longer engaged in the production of the geographical indication product;
- It fails to organize production in accordance with the corresponding standards and fails to make corrections within the time limit after being required to do so; or
- It fails to use the special symbol for geographical indication on the protected product within two years and fails to make corrections within the time limit after being required to do so.
Protection and Supervision
Any of the following acts shall be dealt with in accordance with relevant regulations:
(1) Using the name of a protected geographical indication product on identical or similar products outside the production area;
(2) Using a name similar to the name of a protected geographical indication product on identical or similar products outside the production area, thereby misleading the public;
(3) Using the name of a protected geographical indication product on identical or similar products outside the production area, even if the authentic origin is indicated, or a translated name is used, or expressions such as "kind", "model", "form", "category", "style", etc. sing; are accompanied;
(4) Using the name of a protected geographical indication product on products that are within the production area but do not meet the requirements of the geographical indication product standards and management specifications;
(5) Passing off the special symbol for geographical indication on a product;
(6) Using, on a product, a text or pattern mark that is similar to the special symbol for geographical indication or may mislead consumers, thereby misleading the public;
(7) Selling the above products;
(8) Forging the special symbol for geographical indication;
(9) Other acts that are not in compliance with relevant regulations.
If the producer of geographical indication products violates the relevant regulations on product quality and standards, administrative penalties shall be imposed in accordance with the relevant laws such as the Product Quality Law and the Standardization Law.
If the name of a protected geographical indication product is used as the name of an enterprise, thereby misleading the public and constituting unfair competition, the Anti-Unfair Competition Law will be applicable.
Due Diligence of Administrative Personnel
Where the personnel engaged in the administration and protection of geographical indication products and other personnel who perform public duties neglect their duties, abuse their power, commit malpractice for personal gain, falsify information, handle matters related to the administration and protection of geographical indication products in violation of laws and disciplines, accept money or property from the parties concerned, or seek improper benefits, they shall be punished according to law and disciplines. Where a crime is constituted, they shall be held criminal liable according to law.
System II. Protecting Geographical Indication under Trademark Law
https://www.afdip.com/insights/Articles/TRADEMARK/2025/0722/2123.html
Recent Statistical Data
2024
Up to the end of 2024, China has cumulatively approved 2,544 geographical indication products, approved 7,402 geographical indications registered as collective and certification marks, registered 3,510 agricultural product geographical indications, and granted nearly 33,000 business entities to use the special symbol for geographical indication.
2023
In 2023, China approved to protect 13 new geographical indication products, approved 201 geographical indications registered as collective and certification marks, and granted 5842 business entities to use the special symbol for geographical indication.
Up to the end of 2023, China has cumulatively approved to protect 2,508 geographical indication products, approved 7277 geographical indications registered as collective and certification marks, and granted nearly 26398 business entities to use the special symbol for geographical indication.
2022
In 2022, China approved to protect 5 new geographical indication products, approved 514 geographical indications registered as collective and certification marks, and granted 6373 business entities to use the special symbol for geographical indication.
Up to the end of 2022, China has cumulatively approved 2495 geographical indication products, approved 7076 geographical indications registered as collective and certification marks, and granted nearly 23484 business entities to use the special symbol for geographical indication.
2021
In 2021, China approved to protect 99 new geographical indication products, with cumulative total of 2490. 477 geographical indications registered were newly approved as collective and certification marks, with a cumulative total of 6562 approved for registration. 17111 business entities were granted to use the special symbol for geographical indication, and the qualifications of 464 business entities to use the special symbol for geographical indication were revoked.
2020
In 2020, China accepted 10 applications for protection of geographical indication products, approved to protect 6 geographical indication products, approved 765 geographical indications registered as collective and certification marks, and granted 1052 business entities to use the special symbol for geographical indication.
Up to the end of 2020, China has cumulatively approved to protect 2391geographical indication products, approved 6085 geographical indications registered as collective and certification marks, and granted 9479 business entities to use the special symbol for geographical indication.
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