The revised Trademark Law of the People’s Republic of China was adopted by the Standing Committee of the 14th National People’s Congress on June 26, 2026, and will take effect on January 1, 2027. This is the fifth amendment to the Trademark Law since it came into force in 1983. The revised law comprehensively enhances China’s system for trademark registration, administration, and protection.

This article highlights several key changes introduced by the revised law compared with the 2019 Trademark Law.

I. Clarification of the Basic Principles Governing Trademark Matters

1. Addition of a Trademark Definition and Expansion of the Scope of Trademark Use

Trademark Law (2019)

The General Provisions contain no statutory definition of a trademark and do not expressly address online trademark use.

Trademark Law (2026)

Article 2 defines a “trademark” as a sign used to identify and distinguish the source of goods or services, including both trademarks for goods and service marks.

Article 2 also expressly provides that trademark use includes use through the Internet and other information networks. Accordingly, the use of a mark in e-commerce, short-form videos, livestreaming, and other online activities may constitute trademark use.

2. Introduction of the Principle Prohibiting Abuse of Trademark Rights

Trademark Law (2019)—Article 7

The principle of good faith must be observed when applying for trademark registration and using trademarks.

Trademark users are responsible for the quality of the goods bearing their trademarks. Through trademark administration, administrative departments for industry and commerce at all levels must prevent conduct that deceives consumers.

Trademark Law (2026)—Article 9

The principle of good faith must be observed when applying for trademark registration and using trademarks. Trademark rights must not be abused in a manner that harms national interests, public interests, or the lawful rights and interests of others.

Trademark users are responsible for the quality of the goods bearing their trademarks. Departments at all levels responsible for trademark administration and enforcement must strengthen trademark administration and enforcement in accordance with the law and prevent conduct that deceives consumers.

II. Improvement of Trademark Registration Requirements and Regulation of the Registration Process

1. Recognition of Dynamic Signs as Registrable Trademarks

Trademark Law (2019)

Registrable signs include words, devices, letters, numerals, three-dimensional signs, color combinations, sounds, and combinations of these elements. Dynamic signs are not expressly recognized.

Trademark Law (2026)

The revised law adds dynamic signs to the categories of signs that may be registered as trademarks.

2. Expansion of the Categories of Prohibited Signs

Trademark Law (2019)—Article 10.1

The following signs may not be used as trademarks:

7.   Signs that are deceptive and likely to mislead the public regarding the quality or other characteristics, or the place of origin, of the goods; and

8.   Signs that are detrimental to socialist ethics or customs or otherwise have adverse effects.

Trademark Law (2026)—Article 15

The following signs may not be registered or used as trademarks:

1.   Signs that are identical or similar to the names, flags, emblems, medals, or iconic elements associated with important theoretical achievements or historical events of the Communist Party of China;

2.   Signs that are deceptive and likely to mislead the public regarding the quality, manufacturing process, raw materials, other characteristics, or place of origin of the goods; and

3.   Signs that violate public order or good morals or otherwise have adverse effects.

3. Strengthened Regulation of Trademark Hoarding and Bad-Faith Registration

Trademark Law (2019)

Article 4 provides that a bad-faith application for trademark registration filed without an intention to use the mark must be refused.

Article 44.1 addresses registrations obtained through deception or other improper means.

Trademark Law (2026)—Article 19

Applications filed without an intention to use the trademark and that clearly exceed the applicant’s normal production and operational needs must not be registered.

An applicant must not seek trademark registration through deception or other improper means.

4. Extension of Cross-Class Protection to Unregistered Well-Known Trademarks

Trademark Law (2019)—Article 13.2 and 13.3

If a trademark for which registration is sought in connection with identical or similar goods constitutes a reproduction, imitation, or translation of another party’s well-known trademark that has not been registered in China and is likely to cause confusion, the trademark must not be registered and its use must be prohibited.

If a trademark for which registration is sought in connection with dissimilar or unrelated goods constitutes a reproduction, imitation, or translation of another party’s well-known trademark already registered in China, misleads the public, and is likely to harm the interests of the registrant of the well-known trademark, the trademark must not be registered and its use must be prohibited.

Trademark Law (2026)—Article 21

If a trademark for which registration is sought in connection with identical or similar goods constitutes a reproduction, imitation, or translation of another party’s well-known trademark that has not been registered in China and is likely to cause confusion, the trademark must not be registered and its use must be prohibited.

If a trademark for which registration is sought in connection with dissimilar or unrelated goods constitutes a reproduction, imitation, or translation of another party’s well-known trademark, misleads the public, and is likely to harm the interests of the holder of the well-known trademark, the trademark must not be registered and its use must be prohibited.

The revised provision therefore extends cross-class protection to well-known trademarks that have not been registered in China.

5. Expansion of “Prior Rights” to “Prior Lawful Rights and Interests”

Trademark Law (2019)—Article 32

An application for trademark registration must not infringe another party’s existing prior rights. Nor may an applicant, through improper means, preemptively register a trademark that another party has already used and that has acquired a certain degree of influence.

Trademark Law (2026)—Article 24

An application for trademark registration must not infringe another party’s existing prior lawful rights and interests. Nor may an applicant intentionally preemptively register a trademark that another party has already used and that has acquired a certain degree of influence.

III. Streamlining Trademark Authorization and Confirmation Procedures

1. Recognition of Electronic Documents as Written Documents

Article 26 of the Revised Law

Trademark registration applications and related documents must be submitted in writing. A data message that can tangibly represent its contents through electronic data interchange or other means and that can be retrieved and accessed at any time is deemed to satisfy the written-form requirement.

This provision clarifies the relationship between paper and electronic submissions and formally recognizes qualifying electronic documents as written documents.

2. Reduction of the Opposition Period to Two Months

Article 36 of the Revised Law

For a trademark that has been preliminarily approved and published, prior rights holders or interested parties who believe that the trademark violates Articles 20 through 22, Article 23.1, or Article 24 may file an opposition with the trademark administration department under the State Council within two months of the publication date.

Any person who believes that the trademark violates Article 15, Article 16.1, Articles 17 through 19, or Article 25 may also file an opposition within that period.

If no opposition is filed during the publication period, the trademark will be approved for registration, a registration certificate will be issued, and the registration will be published.

Reducing the opposition period facilitates the more timely acquisition of trademark rights.

3. Change in the Effective Date of Voluntary Cancellation

Article 48 of the Revised Law

If a trademark registrant applies to cancel a registered trademark, either in its entirety or with respect to some of the designated goods, and the application is approved by the trademark administration department under the State Council, the cancellation must be published.

The exclusive right to use the registered trademark, or the validity of that right with respect to the relevant designated goods, terminates on the date of publication rather than on the date the cancellation application is received.

4. Adjustment of the One-Year Registration Restriction Following Cancellation

Article 49 of the Revised Law

When a trademark registrant voluntarily applies to cancel its registered trademark, the trademark administration department under the State Council must not approve another party’s application for an identical or similar trademark in connection with identical or similar goods within one year of the cancellation announcement.

Under the revised law, this one-year restriction applies only to voluntarily cancelled trademarks. It no longer applies to trademarks that have been administratively cancelled, declared invalid, or allowed to expire without renewal.

5. Introduction of Suspension Procedures in Certain Trademark Proceedings

Article 41 of the Revised Law

During the examination of trademark opposition cases, reviews of refusals, reviews of decisions denying registration following opposition, and invalidation cases, the trademark administration department under the State Council may suspend the proceeding if the determination of relevant prior rights depends on the outcome of another case pending before a people’s court or administrative authority.

The examination must resume promptly once the reason for the suspension no longer exists.

IV. Strengthening Trademark Administration

1. Cancellation of Registered but Unused Trademarks

Articles 57.2 and 57.3 of the Revised Law

If a registered trademark becomes the generic name of the goods for which it is registered, or if it has not been used for three consecutive years without a justifiable reason, any entity or individual may apply to the trademark administration department under the State Council to cancel the registration.

If a registered trademark falls within either of these circumstances, the trademark administration department under the State Council may also cancel the registration on its own initiative. The specific procedures will be prescribed separately by that department.

2. Administrative Penalties for Bad-Faith Trademark Applications

Article 54 of the Revised Law

If a trademark applicant commits any of the following acts of bad-faith trademark registration and causes adverse effects, the department responsible for trademark enforcement must issue a warning and may impose a fine of up to RMB 100,000:

1.   Applying to register a trademark despite knowing that the mark violates Article 15 or Article 16.1;

2.   Applying to register a trademark in violation of Article 19; or

3.   Intentionally violating Article 21, Article 22, or Article 24 when applying for trademark registration.

3. Administrative Penalties for Misleading Use of Registered Trademarks

Article 56 of the Revised Law

A party that uses a registered trademark in a manner that misleads the public must be ordered by the department responsible for trademark enforcement to rectify the conduct within a prescribed period.

If the unlawful business revenue exceeds RMB 50,000, a fine of up to five times that amount may be imposed. If there is no unlawful business revenue or the amount is less than RMB 50,000, a fine of up to RMB 250,000 may be imposed.

If the registrant fails to rectify the conduct within the prescribed period, the trademark administration department under the State Council will revoke the registered trademark.

4. Civil Liability for Malicious Trademark Litigation

Article 81 of the Revised Law

A party that initiates trademark litigation through malicious collusion or the unilateral fabrication of basic facts will be sanctioned by the people’s court in accordance with the law. If the litigation causes losses to another party, the party that initiated it must also bear civil liability in accordance with the law.

Conclusion

Compared with earlier versions of the Trademark Law, the 2026 revision places greater emphasis on genuine trademark use, strengthens measures against trademark squatting and hoarding in bad faith, and streamlines trademark authorization and confirmation procedures. These changes are expected to provide trademark owners with greater convenience and stronger protection when securing and enforcing their trademark rights.