On December 27, 2025, the National People's Congress of the People's Republic of China published the Revised Draft of the Trademark Law of the People’s Republic of China for public consultation. This marks the first comprehensive revision since the law’s implementation.

The draft contains 9 chapters and 84 articles, targeting structural issues in trademark registration, enforcement, and brand protection. Below is a practical breakdown of the most significant changes and what they mean for businesses.

Executive Summary

The 2025 draft introduces major reforms aimed at:

●    Modernizing trademark protection for the digital economy

●    Accelerating registration procedures

●    Strengthening deterrence against bad-faith filings

●    Expanding protection for well-known brands

●    Enhancing infringement compensation mechanisms

These changes signal a stronger pro-rights-holder environment and increased compliance obligations for trademark users.

1. Dynamic Marks Now Registrable

What's New:
Dynamic signs—such as animated logos and motion graphics—are now explicitly recognized as registrable trademarks.

Why It Matters:

●    Aligns China's regime with international practice

●    Fills a gap in non-traditional trademark protection

●    Supports digital brand strategies

Who Benefits Most:

●    Internet platforms

●    Technology companies

●    Media and content-driven businesses

●    Brands using animated logos or APP launch animations

This is a major step forward for companies relying on digital brand identity.

2. Opposition Period Shortened (3 Months → 2 Months)

What's New:
The trademark opposition period is reduced from three months to two months.

Practical Impact:

●    Faster trademark registration timeline

●    Reduced waiting period before registration finalization

●    Improved administrative efficiency

Companies launching new products or entering new markets can secure rights more quickly.

3. Expanded Protection for Well-Known Trademarks

What's New:
Cross-class protection is extended to unregistered well-known trademarks.

Practical Impact:

●    Stronger protection against imitation in unrelated classes

●    Enhanced defense against bad-faith filings

●    Broader brand reputation safeguards

This significantly strengthens defensive strategies for established brands with strong market recognition.

4. Stronger Crackdown on Bad-Faith Filings

What's New:

Applications filed:

●    Without intent to use, and

●    Beyond normal business needs

shall not be registered.

Administrative fines may reach RMB 100,000.

Practical Impact:

●    Directly targets trademark hoarding

●    Restricts speculative bulk filings

●    Deters opportunistic registrations based on trending brands

This reinforces the"actual use"principle and improves the overall registration environment.

5. Liability for Misleading Trademark Use

What's New:
The draft introduces liability for trademarks used in a manner that misleads or confuses the public (sometimes referred to as "scheming trademarks").

Possible Consequences:

●    Administrative fines

●    Revocation of trademark registration in serious cases

Practical Impact:

●    Increased compliance risks in branding strategy

●    Stronger protection for consumers

●    Enhanced fair competition safeguards

Businesses must ensure marketing and trademark usage do not create misleading commercial impressions.

6. Enhanced Infringement Compensation Rules

What's New:

●    Lower threshold for applying punitive damages

●    Reasonable enforcement costs (e.g., attorney fees, notarization fees) expressly included in compensation

Practical Impact:

●    Reduces enforcement costs for rights holders

●    Raises the financial risk of infringement

●    Encourages proactive rights enforcement

This change materially strengthens litigation leverage for trademark owners.

Strategic Implications for Enterprises

The 2025 draft reflects a policy shift toward:

●    Stronger protection for legitimate brand owners

●    Greater deterrence against abusive filings

●    Increased alignment with digital-era branding

●    Heightened compliance expectations in trademark use

Recommended Action Steps:

●    Review trademark portfolios for digital assets (e.g., animations, motion marks)

●    Reassess opposition monitoring timelines

●    Strengthen internal compliance review for marketing materials

●    Evaluate enforcement strategies under the enhanced compensation regime

●    Monitor bad-faith activity against your core marks

Looking Ahead

As the draft is currently open for public comment, further refinements may follow before final enactment. However, the direction is clear: China's trademark regime is moving toward stronger substantive protection, stricter regulation of abusive behavior, and modernization for the digital economy.