China National Intellectual Property Administration, Criteria for Determining Trademark Infringements (Draft for Comments)

Where a mark that is identical or similar to another's registered trademark is used without the permission of the trademark registrant and such mark is used to indicate the generic name, depiction or model number of the goods (services), or indicate the quality, main raw materials, functions, intended purpose, weight, quantity or other characteristic of the goods (services) or indicate the origin of the goods (services) and would not give rise to misidentification by the relevant public, the same constitutes fair use and does not constitute trademark infringement (Article 39).