Effective date: The revised PRC Trademark Law was adopted on 26 June 2026 and takes effect on 1 January 2027. Until then the 2019 Trademark Law still governs every filing, opposition and enforcement action. Where a rule changes, this guide states the current rule first and the rule that applies from 1 January 2027 second.

China’s trademark legal framework has undergone significant changes in recent years, with the 2019 amendments to the Trademark Law and subsequent regulatory updates reshaping the landscape for foreign brand owners. It covers the key provisions in force today, the revised law adopted on 26 June 2026 that takes effect on 1 January 2027, and what both mean for your China trademark strategy.

Key Provisions of China’s Trademark Law

First-to-File Principle (Article 31)

The foundation of China’s trademark system: where two or more applicants file for identical or similar trademarks on the same goods or services, the preliminary approval is granted to the mark with the earliest filing date. This principle makes early filing essential for foreign brands.

Bad Faith Filings (Article 4 & Article 68)

The 2019 amendments introduced stronger provisions against bad faith trademark filings. Key changes include:

  • Article 4: Bad faith applications not intended for use can be rejected at the examination stage, without waiting for opposition or invalidation.
  • Article 68: Increased penalties for trademark agencies that assist with bad faith filings, including fines and potential criminal liability.
  • Administrative Measures: CNIPA can now reject applications from entities that have filed a large number of marks without legitimate business purposes.

Enhanced Damages (Article 63)

The 2019 amendments significantly increased the penalties for trademark infringement:

  • Statutory Damages: Increased from RMB 3 million to RMB 5 million (approximately USD 700,000).
  • Punitive Damages: Courts can award 1-5 times the actual damages for willful infringement with serious circumstances.
  • Destruction Orders: Courts can order the destruction of infringing goods and materials used in infringement.

Trademark Agency Accountability (Article 19)

Trademark agencies in China are subject to specific obligations:

  • Agencies cannot register trademarks for goods/services outside their own business scope
  • Agencies must refuse to handle applications they know or should know involve bad faith
  • Agencies face administrative penalties for non-compliance

2025-2026 Regulatory Developments

Revised Trademark Law (Adopted 26 June 2026, Effective 1 January 2027)

The revision is no longer a draft: it was adopted on 26 June 2026 and takes effect on 1 January 2027. Filings made before that date are examined under the 2019 law. The changes that matter most to foreign brands:

  • Use Requirement at Filing. Current rule: no declaration of use or intent to use is needed to file. From 1 January 2027: applicants must be able to show intent to use or actual use, and CNIPA may require periodic use declarations – closer to the United States model. Start keeping use evidence now.
  • Streamlined Opposition. Current rule: a three-month opposition window after preliminary approval, with review handled inside CNIPA. From 1 January 2027: a shortened opposition procedure with tighter limits on repeat and frivolous oppositions.
  • Enhanced Online Enforcement. Current rule: online infringement is handled through general infringement provisions plus platform takedown rules. From 1 January 2027: express provisions covering e-commerce platforms and social media, including platform obligations.

CNIPA Examination Guidelines Update

In 2025, CNIPA updated its Trademark Examination and Trial Guidelines, providing clearer standards for:

  • Assessment of distinctiveness for non-traditional marks (sound, color, three-dimensional)
  • Similarity assessment for marks containing foreign language elements
  • Treatment of geographical names and indications

Compliance Checklist for Foreign Brands in 2026

  1. File Early: Do not wait until market entry. File as soon as a China strategy is contemplated.
  2. Monitor Your Portfolio: Track renewal dates (every 10 years) and use requirements (use within 3 years of registration).
  3. Document Use: Maintain records of genuine use in China. This includes sales invoices, advertising materials, exhibition participation, and Chinese-language packaging.
  4. Record with Customs: Record your trademark registrations with China Customs to enable border enforcement.
  5. Watch for Squatters: Subscribe to a CNIPA gazette watch service to catch conflicting applications during the 3-month opposition window.
  6. Update Records: If your company name, address, or legal form changes, update your CNIPA records promptly.
  7. Review Chinese-Language Marks: Ensure your Chinese brand name is properly registered and aligns with your current brand strategy.

Additional 2026 Changes to Prepare For

Three further changes in the revised law deserve attention alongside the filing and enforcement shifts above.

Dynamic trademarks: the revision recognizes motion marks (animations and moving images) as registrable subject matter, aligning China with international practice and opening new options for digital brands.

Well-known mark protection: cross-class protection for well-known marks is now more clearly defined, with clearer recognition criteria and stronger remedies — a meaningful upgrade for brands with established reputations in China.

Non-use and bad-faith rules: token use is explicitly rejected as proof of use, so keep genuine commercial-use evidence; and the revision adds administrative penalties for bad-faith filings, including fines and restrictions on future filing rights.

Finally, the revision streamlines dispute resolution with expedited review for certain cases. With the law taking effect on 1 January 2027, start auditing your portfolio and evidence now.

How to Respond to Legal Changes

China’s trademark law continues to evolve. To stay protected:

  • Work with a Qualified Agent: Chinese trademark agents must be licensed by CNIPA and are subject to continuing education requirements. They stay current with legal developments.
  • Audit Your Portfolio Annually: Review your Chinese trademark registrations to ensure they align with your current business activities and brand strategy.
  • Monitor Legislative Developments: Key sources include CNIPA’s official website, WIPO’s China country profile, and legal updates from major Chinese IP law firms.

Expert Legal Guidance

Our team stays current with all developments in Chinese trademark law. We provide strategic advice on compliance, enforcement, and portfolio management for foreign brands operating in China. Contact us for a consultation.