Key Points of the 2026 Revision of China's Trademark Law

07/31/2026

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• Recognition of Dynamic Marks as Registrable Trademarks
  Article 14 of the revised Law adds “dynamic marks” to the categories of registrable trademarks, in addition to word marks, device marks, three-dimensional marks and sound marks. For example, mobile phone app start-up/launch screen animations, animated brand logos and other dynamic visual elements that satisfy the statutory requirements may now be registered as trademarks.

• Comprehensive Regulation of the Registration and Use of Misleading Marks
  Article 15 of the revised Law adopts a stricter approach to the examination of misleading marks. In addition to marks that are likely to mislead the public regarding product quality, characteristics or place of origin, the provision now also covers marks that may mislead the public regarding the manufacturing process or raw materials of goods or services.
  Article 56 introduces a new provision regulating situations where a trademark registrant uses its registered trademark in a misleading manner that causes public misconception. This closes a legal gap by establishing a graduated enforcement regime comprising rectification within a prescribed period, administrative fines and cancellation for continued non-compliance. A complaint and reporting mechanism has also been introduced, enabling any organization or individual to report such violations.

• Shorter Opposition Period: Reduced to Two Months from Three Months
  The opposition period following publication of a preliminarily approved trademark application is reduced to two months from three months. This is expected to expedite the overall registration process. At the same time, businesses should establish more frequent trademark monitoring mechanisms to identify and oppose potentially conflicting applications promptly.

• Further Measures to Combat Bad-Faith Filings
  Article 19 addresses bad-faith trademark filings from multiple perspectives. Paragraph 1 provides that trademark applications not intended for use and clearly exceeding normal business needs shall not be registered, replacing the previous subjective reference to “bad faith” with the more objective standard of “clearly exceeding normal business needs.” Paragraph 2 further provides that trademark registration shall not be sought by fraud or other improper means. Together, these provisions target applications filed for hoarding, resale or other conduct contrary to the principle of good faith and the orderly administration of the trademark system. They apply throughout examination, opposition and invalidation proceedings.
  Article 54 expressly sets out the statutory circumstances constituting bad-faith applications, including trademark squatting, large-scale hoarding and free-riding on well-known brands. Where such conduct causes adverse effects, the competent authority may issue a warning and impose a fine of up to RMB100,000. Unlike the current Law, which merely refused such applications, the revised Law introduces administrative penalties at the application stage.
  Article 24 replaces the expression “improper means” with “intentional” in relation to the pre-emptive registration of another party's prior-used mark that has acquired a certain degree of influence. Article 77 likewise replaces “bad faith” with “intentional” as the threshold for punitive damages. This change reduces the evidential burden on rights holders by focusing on proof of knowledge rather than broader improper motives.

• Strengthen the Obligation to Use: Recognition of Online Use and Ex Officio Cancellation for Non-Use
  The general provisions of the revised Law expressly recognize trademark use through information networks, including the internet, as statutory trademark use. Accordingly, use on e-commerce platforms, social media, live-streaming channels and other online environments may serve as valid evidence of use.
  Article 57 empowers the trademark authority to initiate non-use cancellation ex officio, in addition to the existing mechanism of cancellation upon third-party application for cancellation for three consecutive years of non-use.

• Enhanced Protection for Well-Known Trademarks
  Article 21 extends protection of well-known trademarks against registration on dissimilar goods to both registered and unregistered well-known trademarks. It also permits enterprises involved in overseas trademark disputes to seek affirmation of well-known status of their trademarks in China in support of overseas enforcement.

• Clarification of Rules on Suspension of Proceedings
  Article 41 expressly extends the suspension mechanism to opposition proceedings, reviews of refusals, reviews of decisions refusing registration and invalidation proceedings, thereby reducing unnecessary administrative costs and potential subsequent litigation burdens.

• Damages: Separate Recovery of Reasonable Enforcement Expenses
  Article 77(4) clarifies that the amount of damages shall include the reasonable expenses incurred by the rights holder in stopping the infringement. Such expenses are recoverable in addition to, and are to be calculated separately from, actual losses, the infringer's profits or statutory damages.