On December 14, the State Intellectual Property Office of China officially issued the “General Trademark Violation Judgment Standards” notice, which talked about relevant information about the use of trademarks for new types of tobacco such as e-cigarettes.
According to the 《Trademark Law》 of the People’s Republic of China,” new tobacco products such as cigarettes, cigars, packaged tobacco, and electronic cigarettes must use registered trademarks. Those that have not been approved for registration in China cannot be produced or sold in China.
New types of tobacco products such as imported cigarettes, cigar packaged shredded tobacco, and electronic cigarettes sold in China must use trademarks approved and registered in China.
E-cigarette companies need to pay attention; whether they are domestically operated or exported overseas, they need to study the 《Trademark Law》 carefully.
Next, let’s take a look at the key points that need attention and understanding:
What should I pay attention to when registering e-cigarette products?
- According to the “Trademark Law” issued by the State Tobacco Monopoly Administration of China, it is not allowed to print e-cigarette product trademark signs without establishing a printing enterprise by China’s provincial market supervision and administration bureau.
- If the trademark is not approved for registration in China, no production or sale will be allowed. New tobacco products such as e-cigarettes imported into China must also use trademarks approved for registration in China.
- Tobacco products can only be produced and sold after applying for trademark registration.
Does the export of e-cigarettes need to comply with the 《Trademark Law》 issued by China’s State Tobacco Monopoly Administration?
According to the research and interpretation of Article 4, this article applies to domestic and export e-cigarette companies. However, Li Youqiang, a senior Chinese tobacco expert, said that future export of OEM OEM electronic cigarettes that do not have a registered trademark in the country will not comply with the “Trademark Law.”
Because Article 4 says that new tobacco products such as e-cigarettes must use registered trademarks, those that have not been approved for registration in China cannot be produced or sold in China.
In other words, whether you sell domestically or internationally, production without a registered trademark is not allowed.
If you want to learn more about the “Administrative Measures on Electronic Cigarettes”, you can read “Interpretation: Draft for Soliciting Comments on China’s Electronic Cigarette National Standard“
What are the other regulations for e-cigarette export?
According to Article 35 of the “Administrative Measures on Electronic Cigarettes,” e-cigarette products exclusively for export should be marked with “exclusively for export” on their packaging.
Article 36: Enterprises that produce e-cigarette products that are not sold in China but are only used for export should register their products following regulations and obtain a tobacco monopoly production enterprise license.
E-cigarette products that are not sold in China but are only used for export shall comply with the laws, regulations, and standard requirements of the destination country or region;
If the destination country or region does not have relevant laws, regulations, and standards requirements, relevant Chinese laws, regulations, and standards shall be complied with—standard requirement.
Is it challenging to register e-cigarette trademarks in China, and how long does it take?
It’s not difficult, mainly because of the time cost. It usually takes one year to one and a half years. So for brand owners who want to enter this field quickly, the fastest way is to buy a registered trademark.
In summary, it is not difficult to see that from December 2 to December 14 in just two weeks, China has been very comprehensive in preparing e-cigarettes, and the rhythm has also helped me very well. So for Chinese manufacturing and brand owners and international partners. There will be a wave of influence in a short time.
Of course, SMOK, ASPIRE, VOOPOO, GEEKVAPE, VAPORESSO, KUBI, etc., have registered the 34th category of registered trademarks in China the export of electronic cigarette products overseas will not be affected by the above notice. However, this rigid regulation of trademarks may affect new brands and products and objectively delay the development of the e-cigarette market.
Shenzhen accounts for more than 90% of global e-cigarette production. These regulations of the China Tobacco Administration may prompt more e-cigarette companies that cannot obtain licenses for tobacco monopoly production enterprises to relocate to other countries.
So, what changes will the world pattern of e-cigarettes produce in the future? Let us look forward to it together. Maishou Technology will always be one of your best quality partners. I believe that shortly, you will know how important such a partner is.