On 22 August 2025, the State Administration for Market Regulation (SAMR) released for consultation the draft Guiding Opinions on Regulating Service Certification Activities. The initiative seeks to bring greater order, professionalism, and credibility to service certification in China, aligning with the Certification and Accreditation Ordinance and the Measures for the Administration of Certification Bodies. Public comments are open until 21 September 2025. This article explores the key provisions of the draft, and relates them to the operation and protection of certification trademarks under the PRC Trademark Law, administered by the China National Intellectual Property Administration (CNIPA). SAMR’s Draft: Key Provisions
The draft sets out a comprehensive regulatory framework for service certification activities. Its central features include:
1. Professionalization and Standardization
Certification bodies must establish complete management systems conforming to GB/T 27065 and clearly define their service scope under national classification standards.
2. Rigorous Application and Oversight
Applicants seeking to establish or expand certification schemes must submit detailed management manuals and demonstrate genuine professional experience. Generic certificates or superficial experience will not suffice.
3. Certification Rules
Rules must be properly named (e.g., “XXX Service Certification Rule”) and cannot create confusion with product or qualification marks.
They must respect intellectual property rights and be formulated through feasibility studies, consultation, and ongoing revision.
4. Certification Process
Evaluation must balance management audits with testing of service characteristics. Certification outcomes may be graded (e.g., stars or letters), but not excessively tiered.
5. Documentation and Transparency
Certificates must clearly state scope, location, and coverage, and may include QR codes or digital tools for validation. Certification bodies must provide accessible verification through their own platforms.
6. Audit Requirements
On-site audits must be substantive, with minimum auditor-day requirements (e.g., at least 2 days for ordinary services; 3 for critical fields like healthcare or finance). Reviews must include genuine measurements, such as customer surveys or field observations.
7. Personnel and Competence
Certification bodies must manage and continually evaluate staff capabilities, moving beyond reliance on paper qualifications.
8. Market Integrity
Certification must not become a low-price, volume-driven industry. Bodies are urged to prioritize credibility and resist “certification for sale.”
9. Future Orientation
The draft promotes talent cultivation via academia-industry partnerships, adoption of AI, big data, and digital systems to enhance risk control and traceability, and internationalization, with certification bodies encouraged to engage in global standards and seek recognition abroad.
Certification Trademarks: The CNIPA Framework Under China’s Trademark Law, certification marks serve as symbols of compliance with certain standards. They differ from ordinary trademarks in that: • The owner of the mark (usually an association, institution, or other qualified entity) does not use it directly.• The mark is instead licensed to qualifying enterprises that meet certification standards.• Registration requires CNIPA approval, along with submission of rules of use that specify certification conditions, management procedures, and penalties for misuse. Examples include China’s “绿色食品” (Green Food) and organic product certification marks. CNIPA also registers collective marks, used by members of associations or groups, and geographical indications (GIs), many of which take the form of certification or collective marks. Overlaps and Potential Challenges: • Dual Oversight: Certification bodies may face two layers of compliance — SAMR for operational legitimacy and CNIPA for trademark registration and usage rules.• Risk of Misuse: Marks granted without substantive certification could be vulnerable to cancellation by CNIPA.• Geographical Indications: GIs often take the form of certification marks. SAMR’s emphasis on clarity, audits, and transparency strengthens their authenticity and commercial value.• Technology Integration: SAMR’s digital traceability initiatives could dovetail with CNIPA’s push for smart IP management (blockchain registries, electronic certificates). Practical Implications: • For Certification Bodies: They must comply with both SAMR and CNIPA — rigorous operational systems and valid trademark registration/use rules.• For Service Providers: Use of certification marks will likely face stricter audits and greater transparency, making it harder to misuse labels.• For Foreign Rights Holders: A stronger framework could improve trust in Chinese certification marks internationally, facilitating mutual recognition agreements and cross-border branding. Conclusion SAMR’s draft Guiding Opinions on Regulating Service Certification Activities is more than a regulatory tightening exercise — it lays the foundation for a credible, transparent, and internationally recognized certification industry. When coupled with CNIPA’s trademark system, it ensures that certification marks are not merely symbols, but trustworthy indicators of compliance.For businesses, this means that certification in China will become more demanding, but also more valuable. The credibility of certification marks — whether for services, products, or geographical indications — will be reinforced both at home and abroad.
Certification Trademarks: The CNIPA Framework Under China’s Trademark Law, certification marks serve as symbols of compliance with certain standards. They differ from ordinary trademarks in that: • The owner of the mark (usually an association, institution, or other qualified entity) does not use it directly.• The mark is instead licensed to qualifying enterprises that meet certification standards.• Registration requires CNIPA approval, along with submission of rules of use that specify certification conditions, management procedures, and penalties for misuse. Examples include China’s “绿色食品” (Green Food) and organic product certification marks. CNIPA also registers collective marks, used by members of associations or groups, and geographical indications (GIs), many of which take the form of certification or collective marks. Overlaps and Potential Challenges: • Dual Oversight: Certification bodies may face two layers of compliance — SAMR for operational legitimacy and CNIPA for trademark registration and usage rules.• Risk of Misuse: Marks granted without substantive certification could be vulnerable to cancellation by CNIPA.• Geographical Indications: GIs often take the form of certification marks. SAMR’s emphasis on clarity, audits, and transparency strengthens their authenticity and commercial value.• Technology Integration: SAMR’s digital traceability initiatives could dovetail with CNIPA’s push for smart IP management (blockchain registries, electronic certificates). Practical Implications: • For Certification Bodies: They must comply with both SAMR and CNIPA — rigorous operational systems and valid trademark registration/use rules.• For Service Providers: Use of certification marks will likely face stricter audits and greater transparency, making it harder to misuse labels.• For Foreign Rights Holders: A stronger framework could improve trust in Chinese certification marks internationally, facilitating mutual recognition agreements and cross-border branding. Conclusion SAMR’s draft Guiding Opinions on Regulating Service Certification Activities is more than a regulatory tightening exercise — it lays the foundation for a credible, transparent, and internationally recognized certification industry. When coupled with CNIPA’s trademark system, it ensures that certification marks are not merely symbols, but trustworthy indicators of compliance.For businesses, this means that certification in China will become more demanding, but also more valuable. The credibility of certification marks — whether for services, products, or geographical indications — will be reinforced both at home and abroad.