The China National Intellectual Property Administration (CNIPA) on June 15, 2020 issued the Judging Criteria for Trademark Infringement (《商标侵权判断标准》) to start China’s efforts of standardization of administrative trademark law enforcement procedures. As a followup act, the CNIPA on December 13, 2021 issued the Judging Criteria for Trademark Non-Criminal Law Violations (《商标一般违法判断标准》), which will come into effect on January 1, 2022. The latter Criteria was designed to provide guidance on judging a full range of trademark non-criminal law violations besides trademark infringement.

The two directives are governed by the Trademark Law of the PRC (《中华人民共和国商标法》) and the Regulations on the Implementation of the Trademark Law of the PRC (《中华人民共和国商标法实施条例》).

The Judging Criteria for Trademark Non-Criminal Law Violations includes 35 articles. 9 classes of trademark non-criminal law violations and their corresponding judging criteria are specified.

The 9 classes are:

1. Violations of Article 6 of the Trademark Law of the PRC

2. Violations of Article 10 of the Trademark Law of the PRC

3. Violations of Section 5 of Article 14 of the Trademark Law of the PRC

4. Violations of Section 2 of Article 43 of the Trademark Law of the PRC

5. Violations of Section 1 of Article 49 of the Trademark Law of the PRC

6. Violations of Article 52 of the Trademark Law of the PRC

7. Violations of Section 2 of Article 4 of the Regulations on the Implementation of the Trademark Law of the PRC (《中华人民共和国商标法实施条例》), violations of Article 14, 15, 17, 18, 20 and 21 of the Measures for the Registration and Administration of Collective Marks and Certification Marks (《集体商标、证明商标注册和管理办法》)

8. Violations of Article 7-10 of the Administrative Measures for the Printing and Production of Trademarks (《商标印制管理办法》)

9. Violations of Article 3 of the Provisions on Regulating Trademark Registration Applications (《规范商标申请注册行为若干规定》)

The full text is available here.