On June 26, 2026, the China National IP Administration (CNIPA) announced the 5th revision of Trademark Law, which will take effect as from January 1, 2027. The newly revised Trademark Law consists of 9 chapters and 87 articles. It standardizes trademark registration, optimizes procedures for granting and validating trademark rights, strengthens trademark management, and enhances the protection of exclusive trademark rights. Selected highlights are summarized below:

 

• Expanding the Use of a Trademark

  Online use of trademark has been statutorily recognized. Trademark use also includes use through the Internet and other information networks, in addition to conventional use on tangible product, packages, etc.[1]

 

• Clarified eligibility for trademark applicants

  The revised Trademark Law explicitly includes “other foreign organizations” in addition to foreign natural persons and corporates eligible to file trademark applications[2].

 

• Trademark Registration Requirements Redefined

  The revised Trademark Law expands the categories of registrable signs to include Motion Marks[3]. On the contrary, applicants should be aware that shapes, color combinations, sounds, and dynamic effects that arise from the nature of the products themselves, be necessary to achieve a technical result, or give substantial value to the products are not registrable[4].

 

  In addition, the revised Trademark Law emphasized that a deceptive mark easily misleading the public of goods’ quality, manufacture process, materials, etc. as well as a mark against public order and morality shall not be registered or used as trademarks[5].

 

  Apart from the amendment above, the revision further clarifies the standard for determining bad-faith filings. The revised Law consolidates the bad-faith filing rules into a framework, under which a trademark application will be refused where it is filed without a genuine intention to use and the volume is exceedingly incommensurate with the normal needs of production and business operations in a specific industry[6], as well as cases where the application is filed by means of fraud or any other improper means[7].

 

  Importantly, the revised Trademark Law broadens protection to well-known marks that have not been registered in China but have established a strong reputation among the relevant public in China[8]. In more detail, the application for registration or the use of a well-known trademark on different or dissimilar goods and services is not allowed, regarding the well-known trademark has been registered in China or not.

 

• Shortened Opposition Period

  The time window for opposition has reduced by one month. Where trademark registration is approved after examination, the period for any third party’s opposition shortens from three months to two months[9].

 

• Suspension of Cases

  The revised Trademark Law adds new types of cases subject to suspension when a case’s decision relies on the decision of an earlier case. Alongside the reviews of disapproval reexamination and invalidation, reviews of rejection reexamination and opposition are included as well[10].

 

• Limiting the one-year waiting period for new applications

  The revised Trademark Law narrows the one-year waiting period for new applications on the same or similar goods to only voluntarily cancelled trademarks. Such waiting period will no longer be imposed on trademark registrations that have been cancelled involuntarily due to revocation, invalidation, or expiry without renewal[11].

 

• Trademark Administration

  The revised Law introduces administrative penalties for the non-standard use of registered trademarks such as a misleading use or a use by alteration. In addition to fines, failure to rectify the violation may result in cancellation of the registered trademark[12].

 

  If a registered trademark becomes the generic name, or if it has not been used for three consecutive years without justification, in addition to any party being able to apply to the authority for cancellation, the cancellation proceeding could be initiated by the authority ex officio[13].

 

• Regulations of cancellation

  Under the new Law, applicants may withdraw both trademark registration applications and trademark reexamination requests[14];

 

  As for the voluntary cancellation of a registered trademark or the designation of certain goods, the trademark authority shall make a public notice regarding such cancellation. The exclusive right to use the registered trademark, or the effect of such exclusive right with respect to those designated goods, shall terminate as of the date of the public notice[15].

 

• Regulations relevant to Well-known trademark

  Besides trademark registration examination and adjudication, investigation and handling of trademark violation, the revised Trademark Law extends well-known trademark recognition to the cases of unfair competition. Where a party lawfully asserts its rights in the investigation or adjudication of an unfair competition case, the relevant administrative authority or court may determine the well-known status of the trademark as necessary[16].

 

  In determining whether a trademark is well-known, the following factors should be considered comprehensively[17]:

  1. The level of knowledge of the trademark among the relevant public;

  2. The duration, manner, and geographic area of use of the trademark;

  3. The duration, extent, and geographic area of any promotional activities for the trademark;

  4. Records of enforcement of the trademark, particularly its record of being protected as a well-known trademark; and

  5. Other factors relevant to the determination of a well-known trademark.

 

  Also, the revised Trademark Law introduces well-known trademark recognition for overseas proceedings. For the benefits of a relevant party, if it is necessary to establish that a trademark is well known among the relevant public in China, upon the request of a party, the trademark authority may produce an official decision recognizing the well-known status of a trademark in accordance with the factors above[18].

 

• Restriction on Trademark Exclusive Right Modified

  The scope of functional restriction has been enlarged[19]. With respect to shapes, color combinations, sounds, and dynamic effects contained in registered trademarks, which arise from the nature of the goods themselves, being necessary to achieve a technical result, or giving substantial value to the products, the owner of the registered trademark has no right to prohibit others from making legitimate use of them.

 

  Furthermore, the nominative fair use has been incorporated[20]. Where a registered trademark is used solely to indicate the purpose, intended users, use scenarios, or other descriptive information of the designated goods, or to indicate the true source thereof, the trademark owner shall have no right to prohibit others from making legitimate use thereof, except where such use is likely to cause confusion.

 

• Flexibility in Calculating Damages

  The revised Law removes the strictly sequential approach to calculating damages for trademark infringement. The amount of damages for infringement may be determined according to the actual losses suffered by the right holder or the profits obtained by the infringer, depending on the choice of the plaintiff[21].

 

• Regulations on trademark agencies and practitioners

  Supervisory provisions on trademark agencies have been fortified. A trademark agency that solicits trademark business through fraud, deception, or defamation of other trademark agencies, or that accepts engagements from parties with a conflict of interest in the same trademark case will be fined. Generally, a fine of not less than CNY 10,000 and not more than CNY 100,000 shall be imposed on the agency; in serious cases, a fine of not less than CNY 100,000 and not more than CNY 200,000 shall also be imposed[22]. In addition to the penalty on the agency, the persons in charge could also be fined for a different range, subject to the severity of a case.

 

  With regard to the licensed trademark practitioners, the independent solicitation of business, the practice in multiple agencies, and other scenarios severally compromise the market order of trademark agency services are all subject to penalties[23].

   

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