Suddenly, you’re sitting in a local authority’s office, unsure what went wrong or how to fix it. Worse, if you don’t resolve the issue, your shipments could be seized, your million-dollar WeChat ad campaign pulled, and your big launch delayed until well after Singles’ Day.
China’s marketing laws are complex and often differ from Western standards. Following a few key tips can save you headaches, costly delays, and avoidable legal fees!
1. Superlatives are a No-Go
Avoid terms like “premium” or “the best.” China’s advertising laws prohibit exaggerated claims.
2. No Guarantees
Be cautious with language implying guaranteed results. Instead of saying:
➡️ “Reduces humidity and keeps you comfortable”
Try:
✅ “Helps to reduce humidity, making you feel comfortable.”
For example, if your marketing slogan includes specific claims, ensure you soften the language and use descriptions that are easier to prove. Avoid making functional claims unless backed by robust data.
3. China’s Registered Marks Only
Planning to use the ® symbol? Your trademark must be locally registered in China under the correct subclass for the products being marketed. It does NOT count if your mark is only registered in the US or EU.
For instance: Using the ® symbol on packaging in China without proper registration could lead to legal complications. Ensure your mark is valid and corresponds to the subclass covering the relevant products. Take this example: If your brand is ALIEN and you’re selling jackets, sweatshirts, hoodies, and pants, and you aim to feature these products in some of the most popular stores along The Bund in Shanghai, ensure your trademark is registered in China. Specifically, it must cover the relevant subclasses (2501–2507) before attaching hangtags to those high-end windbreakers ready to hit the market.
A little preparation can save you from costly setbacks and protect your brand’s reputation!
Pro Tip
If making claims like “wicks sweat by 24% better than competitors,” ensure you have concrete scientific evidence to back them up AND you are ready to present these data whenever the local AMR knocks on the door. Small adjustments to your language and ensuring proper registrations can save the business a lot of money (and time!)
What are your biggest challenges when marketing in China? Running into issues when putting up a giant advertising banner in the airport in Shanghai? Keep running into the wall when you are about to sign a deal to launch your products across 1,000 department stores across Beijing and Guangzhou? Let’s chat and share insights!
