We help a lot of client’s review and draft advertisements to be shown in the China market. Client will typically send us a pre-made ad, probably the same ad they use in the USA, with a few Chinese words thrown in, and want us to make sure it will work under China advertising laws. Usually, the draft ads sent to us by clients have a mixture of Chinese and English wording.
We have to tell them the English language has to go. Per Chinese law, the language used in an advertisement must be simplified Chinese characters. No foreign language or word may be used alone in advertisements (except in a few rare case). Where any foreign languages or words are used uder special requirements in advertisements, they must be used in conjunction with simplified Mandarin Chinese characters such that Chinese characters shall be have “primary prominence” and that such foreign languages and words shall be used only secondarily.
In some circumstances using a foreign language is the sole option, for example, many internet links show only foreign words. Such links are allowed. There are also a few an important exceptions to the Chinese language requirement in advertising which it will be helpful to keep in mind:
Exceptions:
1. the foreign words are a Registered Trademark;
2. the foreign words are a generic name of a goods or service first developed overseas, which have become recognizable in China by the foreign name;
3. the foreign words are international call-signs, phrases or symbols which have been recognized by Chinese government bodies in their respective field (think (S.O.S. to signal a distressed ship);
4. the foreign words are part of professional technical standards as recognized by the competent departments of China
5. There is also a broader exception for adds displayed on television or radio stations which are primarily broadcast in a foreign language
Advertising laws in China are very strict, and focus on ensuring Chinese citizens can easily understand and are not mislead by advertisers. Any foreign company seeking to sell product in China, or to advertise goods or services from abroad should consult with a China lawyer before initiating any advertisement campaign within China.