China’s IP Law & Policy landscape underwent a significant transformation with the 2026 amendment to the Trademark Law. Submitted for first reading in December 2025 and undergoing its second deliberation on June 26, 2026, the amendment introduces several landmark changes that directly affect foreign brand owners. This article provides a comprehensive analysis of the key changes and their implications.

The Six Major Changes

1. Codification of the Good Faith Principle

The amendment explicitly codifies the principle of good faith in trademark applications. This is a significant IP Law & Policy development that elevates what was previously a general civil law principle to a specific trademark law requirement. CNIPA can now reject applications that violate good faith, even if they do not technically conflict with prior marks.

2. Recognition of Dynamic Trademarks

In a forward-looking IP Law & Policy move, the amendment recognizes dynamic trademarks (moving images, animations) as registrable subject matter. This brings China’s trademark law in line with international trends and provides protection for motion marks increasingly used in digital marketing.

3. Enhanced Well-Known Trademark Protection

The amendment strengthens the protection framework for well-known trademarks, including clearer criteria for recognition and stronger remedies against infringement. Cross-class protection for well-known marks is now more clearly defined.

4. Stricter Non-Use Cancellation Rules

Building on CNIPA’s recent practice, the amendment codifies stricter requirements for proving trademark use. Token use is explicitly rejected as sufficient evidence. Trademark owners must demonstrate genuine commercial use to maintain their registrations.

5. Increased Penalties for Bad-Faith Filing

The amendment introduces administrative penalties for bad-faith trademark filings, including fines and restrictions on future filing rights. This represents a significant escalation in China’s IP Law & Policy approach to combating trademark squatting.

6. Streamlined Dispute Resolution

The amendment introduces procedural reforms aimed at reducing the time required for Opposition & Disputes proceedings, including expedited review of certain types of cases.

What This Means for Foreign Brand Owners

For foreign applicants, the 2026 amendment is largely positive. The codification of good faith, enhanced well-known mark protection, and stricter penalties for bad-faith filing all benefit legitimate brand owners. However, the stricter non-use requirements mean that foreign brands must be diligent about maintaining evidence of trademark use in China. The recognition of dynamic trademarks creates new opportunities for brand protection in the digital space.

Implementation Timeline

The amended law is expected to take effect on January 1, 2027, following final approval. Brand owners should begin preparing now by reviewing their trademark portfolios, gathering evidence of use, and considering whether to register dynamic marks or adjust their filing strategies to take advantage of the new provisions.

Conclusion

The 2026 Trademark Law amendment represents a significant step forward in China’s IP Law & Policy evolution. By strengthening protections for legitimate brand owners while cracking down on bad-faith practices, the amendment creates a more balanced and predictable trademark system. Foreign brand owners who understand and adapt to these changes will be well-positioned to protect their brands in the Chinese market.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. The amendment is still under review and final provisions may differ.