Trademarks in Advertising: Brand Claims, Comparative Advertising, and Advertising Law Boundaries

A trademark appearing in an ad has three identities: you use it to identify yourself (brand claim), you use it to refer to someone else (comparison or citation), and the platform uses it to decide whether your ad can run (platform trademark policy). The rules for the three are completely different, and mixing them up is where trouble starts. This article covers the three lines separately: the red lines of China's Advertising Law, the boundaries of platform policies, and the practical limits of comparative advertising.

1. Brand Claims: Ownership First, Claims Second

• Registration symbols: an unregistered trademark may carry ™ but must not carry ®; only registered trademarks may use the registration symbol, and falsely marking a registration symbol is unlawful;
• Identity claims: statements such as "registered trademark," "exclusive brand," or "officially authorized" in promotions must be backed by the corresponding documents — registration certificate, letter of authorization, or license agreement;
• Patent marking: ads involving patented products or methods must state the patent number and patent type, and may not advertise patents not granted or patents that have lapsed, been revoked, or invalidated (Article 12 of the Advertising Law);
• Citations: data, statistics, survey results, abstracts, and quotations used in ads must be true and accurate and their sources indicated (Article 11). Claims like "No. 1 in sales" or "90% repurchase rate" are a risk if you cannot produce a verifiable source.

2. Four Hard Lines of the Advertising Law

1. Absolute superlatives: terms such as "national-level," "highest grade," "best," and words with the same or similar meaning are prohibited (Article 9(3)). These appear most frequently on beauty, food, and supplement product detail pages and draw the most complaints;
2. No disparaging competitors: ads must not disparage the goods or services of other producers or operators (Article 13). Lines like "more durable than Brand X" or "same as the big brand but better" may cross the line;
3. No false or misleading content: ads must not contain false or misleading content or deceive or mislead consumers (Article 4). Claiming a partnership or authorization with a brand that does not exist is a textbook case;
4. Marking compliance: registration symbol and patent marking rules are covered in the previous section.

3. Using Someone Else's Trademark: When It Is Allowed and When It Is Not

Between legitimate use and infringing use, the key is whether source confusion results:

• Allowed: descriptive use to indicate compatibility (e.g., "compatible with Model ××"), accurately indicating the source of genuine goods when reselling, and mentions in news or commentary;
• Not allowed: presenting your own goods as the other party's (e.g., calling yourself "Brand ×× official flagship" or "same factory as Brand ××"), prominently using another's trademark as your own brand identifier in titles or main images, or selling counterfeits;
• High risk: bidding on another's trademark as a keyword, or extensively using the other party's trademark and logo imagery in comparative copy.

Cross-border scenarios have one more nuance: even when legitimately reselling genuine goods, calling your shop, avatar, or account nickname "official" may be deemed misleading, and platforms will act on the account accordingly (see the tips in the article "TikTok Shop and TikTok Ads").

4. Platform Policy: The Boundaries of Google Ads

Google Ads' trademark policy boils down to "keywords unrestricted, ad copy restricted, exemptions conditional":

• No restriction on using trademarks as keywords, nor on trademarks appearing in the second-level domain of a display URL;
• Restricted: direct competitors using the trademark in ad copy, and any confusing, deceptive, or misleading use;
• Exemptions: landing pages primarily for selling the goods corresponding to the trademark (resellers, who must clearly offer a purchase path and show prices), landing pages primarily providing information about those goods (informational sites), and legitimate descriptive use of the trademark;
• Enforcement rhythm: violating the trademark policy does not lead to immediate suspension; Google issues a warning at least 7 days before suspending an account; trademark owner complaints can only target specific URLs and are limited to countries and industries where trademark rights have been proven.

Also remember: being allowed to run an ad does not mean there is no infringement. Courts in multiple countries have held that bidding on another's trademark as a keyword can constitute trademark infringement — platform policy and trademark law are two independent standards.

5. Comparative Advertising: Allowed, but Say It Clearly

China has no dedicated chapter on comparative advertising, but Article 13 of the Advertising Law together with the confusion and false-promotion rules of the Anti-Unfair Competition Law define the boundaries. Practical standards:

1. Comparison targets must be verifiable, preferably supported by third-party testing or public data, with sources indicated;
2. No disparagement of the other party, and no absolute superlatives;
3. No creating the misleading impression of an affiliation or authorization with a competing brand;
4. In jurisdictions that permit comparative advertising, the comparison must likewise be truthful, evidence-based, and non-misleading.

6. Routine Actions for Advertising Compliance

1. Build a claims ledger: note the basis and evidence file location for every outward claim (including detail pages and ad copy);
2. Run a checklist before launch: absolute superlatives, competitor trademarks, unauthorized logos, lapsed patents, unsourced data;
3. Archive materials: trademark registration certificates, authorization letters, test reports, and source screenshots stored in one place, ready to submit immediately upon complaint;
4. Read the policy text: read the platform policy page before running ads; never treat "competitors are running it too" as a compliance basis.

Platform ad policies and the supporting rules of the Advertising Law are continually adjusted, and cross-border campaigns stack the advertising law requirements of multiple jurisdictions. Before actual placement, defer to the Google Ads Policy Help Center, Meta Advertising Standards, and the current text of the Advertising Law of the People's Republic of China. The rules in this article are current as of 2026.

7. Where to Get It Done

For the specific procedures involved in the above matters, book trademark monitoring with MyTMBee, where a registered trademark agent provides end-to-end assistance.