China’s 2026 Trademark Law Revision: key take‑aways for your China trademark portfolio

The newly revised [Trademark Law of the People’s Republic of China](国家知识产权局 法律 中华人民共和国商标法(2026年修订)) was adopted by the Standing Committee of the 14th National People’s Congress on 26 June 2026 and will come into force on 1 January 2027. Expanding from 8 chapters and 73 articles to 9 chapters and 87 articles, this substantial legislative overhaul reorients China’s trademark system toward genuine commercial use rather than passive accumulation of registrations.

For multinational corporations, brand owners and in-house IP counsel operating or expanding into China, this revision reshapes workflows for trademark filing, portfolio maintenance, licensing oversight and trademark agency management. Foreign enterprises holding existing Chinese trademark registrations or preparing upcoming brand launches must audit their trademark assets and adjust internal IP procedures well before the 2027 effective date. The revised law will not invalidate registrations obtained prior to implementation.

1. Shortened Opposition Period for Published Trademarks

One of the most operationally impactful procedural adjustments reduces the time window for filing trademark oppositions. Under prior rules, rights holders had three months from publication to challenge a conflicting application. The revised law cuts this timeline to two months, placing greater pressure on multinational organisations with multi-region approval chains.

Overseas brand teams relying on trademark watching services will need to accelerate internal approval workflows, prepare supporting evidence in advance and define delegated sign-off authority. Delays caused by cross-timezone headquarters review may result in missed deadlines, allowing potentially infringing marks to proceed toward registration. This change reinforces the need for continuous trademark monitoring for brands active in China.

2. Ban on Bad-Faith Trademark Hoarding

This revision targets trademark applications submitted without real commercial intent, including bulk filings to occupy classes or resell marks to legitimate brand owners.

Where bad-faith filings generate adverse public impact, financial penalties apply: Where an applicant applies for trademark registration in bad faith and causes adverse effects, the competent trademark enforcement authority shall issue a warning and may impose a fine of not more than RMB 100,000.

This reform delivers two key consequences for oversea’s brand holders. It strengthens legal remedies to block third-party squatting of oversea’s brand names. At the same time, it imposes stricter internal discipline for a company’s own portfolio strategy. Defensive registrations filed without foreseeable genuine commercial use now carry elevated risk of rejection or future revocation.

3. Reinforced “No Use, No Mark” Exit Mechanism for Dormant Registrations

The updated rules formalise ex-officio revocation power for marks unused for three consecutive years. Previously, three-year non-use revocation proceedings were mostly triggered by third-party challengers; regulators now possess authority to initiate such reviews proactively.

The requirement to preserve use evidence also carries litigation implications. If a trademark owner files an infringement lawsuit and the defendant raises non-use as a defence, the court may require the brand owner to prove real trademark use during the relevant three-year window. Failure to provide credible proof of use can eliminate the right to claim damages, even if the registration remains formally on the register. Companies with large trademark portfolios should systematically collect and archive commercial evidence including packaging, sales invoices, e-commerce listings and marketing materials for every active mark.

4. Expanded Registrable Subject Matter: Dynamic Marks

The law broadens the scope of protectable trademarks beyond static logos. Dynamic signs and motion-based brand identifiers used widely by technology, luxury and media businesses are now explicitly eligible for registration.

This creates new avenues for foreign companies with animated logos, opening sequences and short digital brand signatures to secure statutory protection in China. Enterprises should evaluate whether their moving brand assets meet distinctiveness requirements and plan filings accordingly, while waiting for supporting implementing rules.

5. Strengthened Trademark Licensing & Quality Supervision Obligations

The revision clarifies joint responsibilities for licensors and licensees and tightens quality control duties for trademark licensing arrangements.

For oversea’s brands working with Chinese manufacturing or distribution licensees, this raises compliance expectations. Licensors must maintain written records of quality oversight activities. Insufficient supervision over licensee product quality can expose brand owners to administrative penalties, allegations of trademark misuse and consumer liability claims. Additional sanctions apply to misleading trademark usage: Where a registered trademark is used in a manner that misleads the public, the trademark enforcement authority shall order rectification within a specified period. If the illegal business turnover exceeds RMB 50,000, a fine of up to five times the illegal turnover may be imposed. If there is no illegal turnover or the turnover is less than RMB 50,000, a fine of up to RMB 250,000 may be imposed. Failure to rectify within the time limit will result in revocation of the registered trademark by the competent trademark authority under the State Council.

6. Enhanced Regulation of Trademark Agencies

Trademark service providers must now register firm and practitioner details with national trademark authorities. Agents assisting bad-faith applications or falsifying supporting materials face fines and operational restrictions. European headquarters selecting Chinese trademark counsel must conduct thorough vendor due diligence, as non-compliant agents may expose foreign brand owners to collateral compliance risks.

Conclusion

China remains a critical market for international brands, but it has also been a jurisdiction where trademark squatting and speculative filings have created costly disputes.

The 2026 revision of the PRC Trademark Law firmly shifts China’s trademark regime toward use-based protection. The reforms equip legitimate brand owners with stronger tools to combat squatting and bulk trademark hoarding. Conversely, foreign trademark owners now face heavier ongoing maintenance duties and administrative penalties for inadequate licensing oversight or improper trademark use.

For foreign businesses, the key message is straightforward: secure core marks early, use them genuinely, document that use, and monitor the register actively. Companies that align their trademark strategy with their China commercial strategy before 1 January 2027 will be better placed to reduce risk and protect brand value.

A practical pre-2027 checklist includes:

• Audit the China trademark portfolio. Identify core brands, product names, sub-brands, Chinese-language equivalents, logos, and defensive registrations.
• Prioritize commercially important filings. File early for marks linked to planned launches, e-commerce listings, franchising, licensing, or distribution arrangements.
• Build use evidence. Retain dated invoices, contracts, advertising materials, online-store records, packaging, customs records, and other evidence showing genuine use in China.
• Review Chinese-language branding. Ensure Chinese equivalents, transliterations, and commonly used consumer names are protected where commercially relevant.
• Screen for squatting risks. Monitor new applications for confusingly similar marks and act promptly through opposition, invalidation, or negotiation where appropriate.
• Align IP with market-entry plans. Coordinate trademark strategy with corporate structuring, licensing, distribution, e-commerce, and product-launch timelines.

If you need support with application and reviewing your trademark, feel free to contact us for more details.