China will introduce a major update to its Trademark Law on 1 January 2027. This is the most significant revision in over 40 years and reflects a clear shift in focus—from simply registering trademarks to ensuring they are genuinely used in business.
For companies doing business in China or planning to enter the market, these changes will have a direct impact on how trademarks should be filed, managed, and enforced.
Why This Matters
In the past, it was common for businesses to file large numbers of trademarks for defensive purposes, even without immediate plans to use them. The new law changes this approach. Authorities will now expect trademark filings to reflect real commercial needs and actual use.
Key Changes You Should Know
1. Stricter Rules on Filing Too Many Trademarks
China is taking a strong stance against “trademark hoarding.”
Applications may be rejected if:
- Too many trademarks are filed within a short period without a clear business plan
- Marks are filed across unrelated industries
- Applications target popular names, brands, or generic terms
In some cases, applicants may also face regulatory scrutiny.
What this means for you:
Filing strategies should be more focused and aligned with your actual or planned business activities.
2. Misleading Use Can Lead to Penalties
Using a trademark in a way that confuses or misleads consumers (for example, through clever wording or branding tricks) is now explicitly prohibited.
Penalties may include:
- Fines of up to RMB 250,000
- Cancellation of the trademark if the issue is not corrected
What this means for you:
Branding should be clear, accurate, and not open to misinterpretation.
3. Online Use Now Counts as Evidence
The law now formally recognises digital and online use of trademarks.
Valid evidence can include:
- E-commerce listings (e.g. on Tmall, JD, Amazon)
- Social media pages and promotions
- Online advertisements or livestream sales
- Digital assets such as NFTs
What this means for you:
Your online presence can help support and defend your trademark rights—but it should be properly documented.
4. Better Protection for Well-Known Brands (Even if Unregistered)
Well-known brands that have not yet registered in China may still be protected, including against copycats in different product categories.
What this means for you:
If your brand has a strong reputation internationally, there may still be options to act against bad-faith registrations—but early filing remains strongly recommended.
Stronger Enforcement and Monitoring
1. Risk of Losing Unused Trademarks
Authorities can now cancel trademarks that have not been used for three consecutive years—even without a third-party challenge.
Tip: Make sure your registered trademarks are actively used and that you keep records of such use.
2. Shorter Deadlines to Oppose New Applications
The opposition period will be reduced from 3 months to 2 months.
Tip: Regular trademark monitoring will become even more important to avoid missing deadlines.
3. Tighter Regulation of Filing Practices
Trademark agents and applicants involved in bad-faith filings may face penalties.
New Types of Trademarks
The law also recognises modern forms of branding, such as:
- Animated logos
- Moving or dynamic trademarks
This reflects the growing importance of digital branding.
Practical Takeaways
To prepare for the new law, businesses should consider:
- Reviewing existing trademark portfolios to identify unused marks
- Ensuring trademarks are actively used and evidence is retained
- Filing trademarks based on real business needs rather than broad defensive coverage
- Monitoring new filings to protect against potential conflicts
For example, a company that previously registered its brand across many unrelated product classes “just in case” may now face rejection or cancellation. A more targeted and practical approach will be more effective going forward.
How We Can Help
Navigating China’s evolving trademark system can be complex, particularly for overseas businesses. Our team can assist with:
- Developing a compliant and effective filing strategy
- Conducting portfolio audits and risk assessments
- Advising on evidence of use and enforcement options
- Monitoring and opposing conflicting trademark applications
