How to Correctly Mark with a Compliant Trademark on the Pesticide Label?

In accordance with the requirements of New Measures on Pesticide Labels and Instructions (hereinafter referred to as the Measures), the label and instruction specified in the Measures shall apply as from January 1, 2018 if any label or instruction does not comply with the Measures. Meanwhile, the marking of trademarks on pesticide labels are made appropriate modified in the new Measures, Article 31 of the New Measures requires that no unregistered trademark shall be used in pesticide labels and instructions. If the registered trademark is used on the label, it shall be marked on the four corners of the label and cover an area of no more than 1/9 of the label area; and the size of each character shall not be larger than that of any single character in the pesticide name. So how to mark with a compliant trademark on pesticide labels according to the new Measures?

Usage and category of trademarks

In accordance with the requirements of Article 31 of the new Measures, only valid registered trademarks can be used on the pesticide labels, namely trademarks with the logo ® and not with the logo ™; the former Measures do not have clearly requirements on whether or not the trademarks have to get registered validly. Generally, field pesticides and public health pesticides shall use the Category 5 trademarks; a few companies also prefer Category 1 or Category 31 trademarks.

Location of the trademarks

The new Measures have much stricter requirements on the location of the trademarks on pesticide labels. According to the requirements of the new Measures, the trademarks are only allowed to put on the four corners of the label and not allowed to label on the edge; while the former Measures require that the trademarks can be put on the four corners or on the edges of the labels.

The number of trademarks

The new Measures do not have clearly requirements on the number of trademarks on the label as long as the trademarks are validly registered. Enterprises may choose to mark with one, two or more trademarks on the pesticide labels.

Layout of the trademarks

The new Measures do not have clearly requirements on the layouts of the trademarks. When enterprises mark two or more trademarks in the pesticide label, they can select the layouts they prefer like up-down or left-right layout. But it still needs to meet the requirements on location, size and font-size of the trademarks.

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