On June 26, 2026, the Chinese authorities passed the newly revised Trademark Law, which will officially take effect on January 1, 2027. This is the first comprehensive revision of the Trademark Law since its enactment in 1983, spanning over forty years. The main amendments are summarized below for your reference:

 

 

Article 14 of the new Law formally includes “dynamic marks” in the list of registrable trademarks, in addition to words, graphics, three dimensional marks, sounds, etc. For example, mobile phone boot animations, brand dynamic logos, and other dynamic visual effects that meet the requirements may be applied for registration.

 

 

The new Law shortens the opposition period for trademark publications from three months to two months. The overall trademark prosecution cycle is reduced, allowing enterprises to obtain registration more quickly. However, they should also establish more frequent trademark monitoring mechanisms to detect and oppose potential squatters in a timely manner.

 

 

Article 19 of the new Law combats bad faith trademark registrations from multiple angles. Paragraph 1 clarifies that “applications for trademark registration that are not intended for use and clearly exceed normal business needs shall not be approved.” It removes the qualifier “bad faith” from the previous Law and replaces it with the relatively objective standard of “clearly exceeding normal business needs,” thereby lowering the threshold for examination authorities to make a finding. Paragraph 2 further provides that “registration shall not be sought by fraudulent or other improper means,” complementing Paragraph 1. This means that any application, whether aimed at hoarding for resale or otherwise violating the principle of good faith and disrupting the trademark registration order, will be rejected. This provision applies across the three major procedures of examination, opposition, and invalidation, serving as a powerful weapon to weed out bad faith registrations.

 

Article 54 of the new Law expressly lists the statutory scenarios of bad faith trademark applications, effectively targeting all bad faith acts, including those covered by Article 19, such as squatting, bulk hoarding, and free riding on well known brands, etc. If such bad faith applications cause adverse effects, the enforcement authorities may issue a warning and impose a fine of up to RMB 100,000. Previously, such conduct only resulted in refusal of the application; the new Law introduces, for the first time, administrative penalties for bad faith acts at the application stage, thus effectively deterring malicious registrations.

 

Article 24 modifies the wording from “improper means” to “intentionally” when describing the pre emption of trademarks that others have used and have a certain influence. Article 77 changes the prerequisite for punitive damages from “bad faith” to “intentional” in cases of trademark infringement. Proving “intentional” focuses on the fact of “knowing,” while “bad faith” often required additional proof of other improper purposes. This amendment objectively reduces the burden of proof for rights holders, making it easier for them to enforce their rights effectively.

 

 

The general provisions of the new Law explicitly include “use via information networks such as the internet” within the statutory definition of trademark use. Consequently, trademark use in e commerce, social media, live streaming, and other online scenarios may serve as valid evidence of use, aligning with the needs of the modern economy.

 

Article 57 of the new Law adds, on top of the existing system of “cancellation upon application for three years of non use” (commonly known as “non use cancellation”), a new power for the authorities to ex officio cancel trademarks that have been inactive for a long period.

 

 

Article 21 of the new Law extends the prohibition on squatting well known trademarks on dissimilar goods from the previous scope limited to registered well known marks to cover unregistered well known marks as well. Additionally, a new provision allows enterprises facing trademark disputes overseas to request the authorities to confirm the well known status of their trademarks in China, thereby supporting their overseas rights enforcement.

 

 

Overall, this revision strengthens the protection of trademark rights holders in terms of types of trademarks, registration access, examination efficiency, and combating bad faith. In response to these changes, and in line with the new Law’s emphasis on “actual use,” we suggest that enterprises file trademark applications that match their actual business scale and correspond to marks they genuinely intend to use in the future. Enterprises should avoid indiscriminate cross class or bulk filings. Where defensive registrations are genuinely necessary, they should be kept within a reasonable scope, and supporting documentation of the intent to use should be retained. At the same time, companies should keep evidence of use in online channels (such as e commerce platforms, social media, and live streaming) and establish a dynamic evidence archive that is regularly updated.

 

The specific application of certain provisions of the new Law will depend on the forthcoming amendments to the Implementing Regulations of the Trademark Law, and we will continue to monitor progress. Should you require further information on the new Law, please do not hesitate to contact us.