Vaping has been trending worldwide for quite a few years. E-cigarettes, which were created to help smokers quit smoking in the first place, were quickly embraced by Gen Z. Despite all the controversies over health, e-cigarettes industry has been booming throughout the world. E-cigarettes manufacturers should be aware that it is mandatory to obtain trademark registration from the China National Intellectual Property Administration (CNIPA) before launching their brands in the Chinese market.

Article 6 of China’s Trademark Law reads: “As for any of such goods, as prescribed by the laws or administrative regulations that must bear a registered trademark, a trademark registration must be applied for. Where no trademark registration has been granted, such goods shall not be sold on the market”.  Article 19 of the Tobacco Monopoly Law provides that trademark registration must be obtained for cigarettes, cigars and packaged cut tobacco, and those without shall be prohibited from manufacturing and sale, which leaves a regulatory vacuum for e-cigarettes.

On November 10, 2021, the State Council of China amended the Regulations on the Implementation of the Tobacco Monopoly Law, which came into force as of the date of its issuance. The newly added Article 65 explicitly states that, “electronic cigarettes and other new tobacco products shall be subject to the relevant provisions governing cigarettes in the Regulations ".

The CNIPA later reiterated in Article 4 of the Criteria on Determining General Trademark Violations, which was released on December 13, 2021, that it is mandatory to use registered trademark on electronic cigarettes and other new tobacco products in China, failure to comply will be banned from manufacturing and distribution.

Authored by Mingming Yang