China has adopted a significant revision of its Trademark Law, which is expected to enter into force on 1 January 2027. According to CNIPA, the revised law consists of 87 articles across nine chapters and aims to regulate trademark filings more effectively, streamline procedures and strengthen the protection of trademark rights.
For companies doing business in China, or considering trademark protection there, the reform is more than a technical update. It reflects a broader shift towards genuine trademark use, faster procedures and stricter scrutiny of bad-faith behaviour.
Online use becomes expressly recognised
One of the most practical developments is the express recognition of online trademark use as valid use. This is particularly relevant for businesses whose commercial activity takes place mainly through e-commerce, digital platforms, apps, social media or online services.
For brand owners, this reinforces the importance of keeping clear, dated evidence of online use, such as screenshots, website records, marketplace listings, social media campaigns, online advertisements and transaction records.
Motion marks become registrable
The revised law also opens the door to the registration of motion marks in China. This is a welcome development for brands using animated logos, moving brand elements, short video intros or digital interface animations as part of their identity.
This may create new opportunities for companies in technology, entertainment, gaming, media, retail and digital services, where brand identity is increasingly dynamic rather than static.
A shorter opposition period
The opposition period will be shortened from three months to two months. This is a major procedural change for trademark owners relying on watching services to detect conflicting applications.
In practice, brand owners will have less time to assess a conflicting filing, collect evidence, obtain internal approval and prepare an opposition. Trademark watching and fast escalation procedures will therefore become even more important for Chinese portfolios.
Bad-faith filings and misuse under closer scrutiny
The reform also strengthens the tools available against bad-faith trademark behaviour. Bad-faith filings may lead to fines, particularly in cases of trademark hoarding, deceptive filings or pre-emptive filings. Misleading use of registered marks may also lead to rectification, fines or even cancellation.
This is particularly relevant in China, where foreign brand owners have historically faced issues with pre-emptive filings or unused defensive registrations.
Owner details and use evidence become even more important
The revised law also increases the consequences of failing to keep trademark ownership details up to date. Failure to record changes of name or address may trigger rectification orders, fines and, in serious cases, cancellation.
In addition, CNIPA may be able to act ex officio against trademarks that have become generic or have not been used for three consecutive years.
What should brand owners do now?
Before the revised law enters into force, companies with Chinese trademark portfolios should consider:
- reviewing whether the recorded owner names and addresses are up to date;
- ensuring that evidence of use is collected and stored regularly, including online use;
- reassessing unused or defensive filings;
- adapting trademark watching procedures to the shorter opposition period;
- considering whether motion marks or other non-traditional signs may be relevant to their brand strategy;
- checking whether key brands are sufficiently protected in Chinese characters, Latin characters and relevant logo versions.
The reform is a useful reminder that trademark protection in China is not only about filing early. It is also about maintaining a clean, active and enforceable portfolio.
At IFORI, we assist clients with trademark filing, portfolio management, recordals, watching and enforcement strategies in China and internationally. Please feel free to contact us if you would like to review your Chinese trademark portfolio in light of the upcoming changes.
