Q&As on Ordinary Cosmetics Filing in Guangzhou (Vol. 58)

We have collected the latest FAQs on ordinary cosmetics filing from the Guangzhou Administration for Market Regulation and translated them into English for your reference.

1. Can the product name be changed after the filing materials for ordinary cosmetics have been submitted?

According to Article 36 of the "Regulations on the Registration and Filing of Cosmetics," once ordinary cosmetics have been filed, the product name should not be arbitrarily changed without valid reasons. Once the cosmetic filer submits the filing materials on the information service platform, the filing is completed, and there is no "withdrawal" function. Therefore, before submitting the filing materials on the information service platform, it is essential for the cosmetic filer to carefully verify the consistency of the product name entered on the information service platform with the product name on the product label, paying special attention to avoid issues of incorrect or missing characters.

2. What are the regulations for using a cosmetic trademark name?

According to Article 8, Section 1 of the "Cosmetics Labeling Management Regulations," the use of a trademark name must comply not only with the national trademark laws and regulations but also with the relevant laws and regulations of national cosmetics management. Even if it is a registered trademark, it must not claim medical effects or functionalities that the product does not possess in the form of the trademark name. It is also not permissible to imply medical effects or make false claims through the use of images, font colors and sizes, color differences, homophones, suggestive text, letters, Chinese pinyin, numbers, symbols, etc., in the trademark. Names that imply medical effects, such as "Bian Que," "Li Shizhen," "Lao Junyi," or "lao jun yi," cannot be used as cosmetic trademark names.

3. Can specific ingredient names be used as suffixes in cosmetic product names?

According to Article 8 of the "Cosmetics Labeling Management Regulations," a "generic name" can include text that indicates the product's ingredients or describes its use, application area, etc. A "suffix" refers to additional content that needs to be noted when the trademark name, generic name, and attribute name of different products are the same. This includes color or shade number, sun protection factor, scent, suitable hair type, skin type, or specific demographic, etc.

Therefore, when a product formula includes a certain ingredient, and the name indicates this ingredient, it falls under the category of "generic name." The effect of the ingredient in the product should match the product's claimed effects, and in this case, it is not appropriate to use it as a "suffix" in the product name. When using names of animal, plant, or mineral ingredients to describe the scent, color, or shape of the product, these can be incorporated into the "generic name" in the form of animal, plant, or mineral names combined with scent, color, or shape, or they can be noted as a "suffix." For example, "xxx Rose Fragrance Refreshing Shower Gel" or "xxx Refreshing Shower Gel (Rose Fragrance)."

4. Can non-standard Chinese characters be used as the generic name for cosmetics?

Article 9 of the "Cosmetics Labeling Management Regulations" stipulates that the Chinese name of cosmetics must not use letters, Chinese pinyin, numbers, symbols, etc., for naming, except for registered trademarks, indications of sun protection factor, shade number, series number, or other cases where the use of letters, Chinese pinyin, numbers, symbols, etc., is necessary. If a registered trademark in the product's Chinese name includes letters, Chinese pinyin, numbers, symbols, etc., their meanings should be explained on the visible surface of the product's sales packaging. For example, using letters or numbers as generic names like "XX Brand Morning A Night C Cream" or "XX Brand Q10 Essence" does not comply with the regulations.

5. What are the requirements for using innovative terms as product names?

Article 18 of the "Cosmetics Labeling Management Regulations" specifies that if innovative terms not yet widely used in the industry are used on cosmetic labels, making them difficult for consumers to understand but not prohibited content, their meanings should be explained in an adjacent position. Article 19, paragraph 4, prohibits the use of terms and mechanisms not widely accepted by the scientific community to mislead consumers.

Innovative terms should be reasonable, and their meanings should be explained in an adjacent position. It is not permissible to misuse existing concepts from the scientific community or other fields to mislead consumers into believing that the product has special effects. For example, "Quantum Skincare" applies quantum science to unrelated cosmetic effects, and "Photon Rejuvenation" uses medical device industry terminology to describe cosmetic effects, both of which could be considered false concepts.

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