Revised China Trademark Law To Take Effect on January 1, 2027 - Further Strengthening Intellectual Property Protection
The Trademark Law of the People’s Republic of China (“China Trademark Law”), as amended and adopted on 26 June 2026, will come into force on 1 January 2027. This marks the first ‘comprehensive overhaul’ of the law; its structure has been expanded from 8 chapters to 9 chapters comprising 87 articles. The key amendments are as follows:
1. Stricter and More Standardised Registration Requirements
Expansion of registrable elements: Dynamic marks and combinations thereof are now eligible for registration as trademarks, in line with the needs of the internet and digital economy.
Shorten opposition period: An opposition against a trademark should be filed within 2 months after its publication, which is one month shorter than the current practice.
Requirement on intention of use and normal business needs: Trademark registration applications not intended for use, and clearly exceeding the needs of normal production and business operations, shall not be registered.
More prohibited signs as trademarks: Emblematic elements associated with the name, flag, emblem, medals, major theoretical achievements or historical events of the Communist Party of China shall not be registered or used as trademarks; marks that are deceptive or likely to mislead the public regarding the quality, craftsmanship, raw materials and other characteristics or the place of origin shall not be registered or used; marks that violate public order and good morals or have other adverse effects shall not be registered or used.
2. Enhanced and Normalised Protection for Well-Known Trademarks
Strengthened protection of unregistered well-known trademarks: Cross-class protection is no longer limited to “registered” well-known trademarks; third parties are prohibited from registering or using well-known trademarks on dissimilar goods.
Clarified well-known trademark recognition proceeding: Well-known trademark status may be recognised not only in trademark prosecution, anti-counterfeiting cases and trademark civil and administration lawsuits, but also in unfair competition cases.
New provisions introduced to support overseas protection: Where a company’s trademark has been squatted upon overseas, the State Council’s trademark administration department may, at the request of the party concerned, confirm that the trademark is well known to the relevant public within China, thereby facilitating the presentation of evidence in overseas rights protection proceedings.
Clarified fines when using “well-known trademark” in business: A fine of up to CNY 100,000 may be imposed should “well-known trademark” be used in business.
3. Improvements to the Mechanisms for Trademark Use and Cancellation
Ex officio non-use cancellation: A trademark that is not used for three consecutive years without justifiable grounds may be cancelled not only due to the cancellation applications filed by third parties but also due to ex officio cancellation by the authorities.
Use requirement in infringement proceedings: In infringement proceedings, where the alleged infringer raises a defence of non-use, the court may require the trademark owner to provide evidence of actual use during the three years preceding the infringement.
4. Cracking Down on Malicious Applications
Where an applicant files malicious applications and causes adverse effects, a fine of up to CNY 100,000 may be imposed. A malicious application refers to:
Applying for registration of a trademark whilst knowing that it violates the provisions of Article 15 (prohibiting registration and use of certain marks with negative effects, such as misleading marks) or the first paragraph of Article 16(prohibiting registration and use of certain Chinese administrative division names or foreign geographical names known to the public).
Applying for trademark registration in violation of the provisions of Article 19 (prohibiting applications without intention of use or clearly exceeding the needs of normal production and business operations, or applied by deception or other unfair means).
Applying for trademark registration in deliberate violation of the provisions of Article 21 (prohibiting registrations and use of trademarks that are copies or imitations of others’ well-known trademarks), Article 22 (prohibiting registrations and use of trademarks that are preemptively filed without authorization by representatives or other connected entities of the true mark owners) and Article 24 (prohibiting registrations of marks that infringe upon others’ prior rights or that are preemptively filed on purpose to copy others’ prior used marks with certain reputation).
5. Cracking Down on “Deceptive Trademarks” and Malpractices by Agents
Enhanced crackdown on deceptive trademarks: Where trademarks are deliberately designed to mislead consumers and induce them to form erroneous perceptions, a fine of up to five times the illegal turnover may be imposed (or a fine of up to CNY 250,000 where there is no illegal turnover or the turnover is less than CNY 50,000); failure to rectify the situation within the prescribed period will result in the revocation of the registered trademark.
Strengthened supervision of trademark agencies: There are stricter articles requiring the filing of information on agencies and practitioners; clarifying that agencies shall bear legal liability if they accept a mandate whilst knowing that the client is making a malicious application; and increasing penalties for unlicensed agency practice, false advertising and other malpractices.
6. Enhanced Law Enforcement
Specified regulation on malicious litigation: It has been clarified that where parties collude in bad faith or fabricate facts to initiate trademark litigation, the courts may impose penalties in accordance with the law; where losses are incurred, civil liability shall be borne.
Improved coordinating mechanism: Besides the current regulation that a trademark infringement case constituting a suspected criminal offence shall be promptly transferred to the public security authorities, the new law added that a trademark infringement case that does not constitute a criminal offence but shall bear an administrative penalty, shall be promptly transferred to the department responsible for trademark enforcement. The relevant departments that are responsible for trademark registration, administration and enforcement shall provide professional support, expert opinions and assistance with the safe disposal of infringing goods upon the request of the public security authorities, the People’s Procuratorates and the People’s Courts.
As a key component of intellectual property, a trademark is not only a vehicle for business reputation and a symbol of integrity, but also a core tool for enterprises competing in the market. As a trusted partner for comprehensive IP protection in key Asian markets and a reliable professional deeply rooted in the complex IP landscapes of China and Southeast Asia, Ferrante IP will continue to share our expert insights on China's new trademark regime.
Sources: Ferrante IP