Why are new tobacco products such as e-cigarettes required to use registered trademarks? CNIPA respo
On December 13, the National Intellectual Property Administration issued a notice regarding the "General Standards for Trademark Violations." Among them, the fourth standard clearly states the following:
① According to Article 6 of the Trademark Law, Article 19 of the Tobacco Monopoly Law of the People's Republic of China, Article 22 and Article 65 of the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, cigarettes, cigars, packaged tobacco, and new tobacco products such as e-cigarettes must use registered trademarks. Those not approved for registration in China cannot be produced or sold in China;
② Imported cigarettes, cigars, packaged tobacco, and new tobacco products such as e-cigarettes sold in China must use trademarks registered in China.
Why are new tobacco products such as e-cigarettes required to use registered trademarks? Recently, the National Intellectual Property Administration provided an answer on its official public account:
On November 10, 2021, the State Council revised the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, which took effect from the date of publication.
Article 22 of the regulations stipulates that "cigarettes, cigars, and packaged tobacco must use registered trademarks." Article 65 states that "new tobacco products such as e-cigarettes shall be implemented in accordance with the relevant provisions of this regulation for cigarettes."
To enforce the above provisions and strengthen the regulation of new tobacco products such as e-cigarettes, the fourth standard has detailed the mandatory registration of trademarks for new tobacco products such as e-cigarettes.
