China’s Trademark Law has undergone a comprehensive revision and will fully take effect on 1 January 2027.

This major reform aims to support the digital economy, promote genuine trademark use, and curb the bad-faith hoarding of marks. For businesses currently operating in or planning to enter the Mainland market, these eight core changes demand immediate attention:

1.        Eight Core Changes

(1)      Dynamic Trademarks Allowed for the First Time: Beyond traditional static text and graphics, dynamic visuals—such as phone boot animations and App launch effects—can now be registered as motion trademarks.

(2)      Crackdown on Malicious Hoarding: The law explicitly bans trademark applications that lack genuine intent to use or exceed normal business needs. The old speculative model of "register first, resell later" will become obsolete.

(3)      Full Regulation of Online Infringement: Trademark use and infringement across digital environments, including e-commerce platforms, social media, and live-stream shopping—are now officially regulated by law.

(4) Shorter Opposition Period: The opposition period for preliminarily approved trademarks will be reduced from three months to two, giving companies less time to challenge copycat applications.

(5)      Official Removal of "Inactive Trademarks": Previously, if a trademark went non-used for 3 consecutive years, an interested party had to file a cancellation request. The new law empowers the authorities to proactively cancel trademarks non-used for 3 years.

(6)      Heavier Penalties for Misleading Use: Stricter punishments will be imposed on those who intentionally use copycat trademarks to mislead consumers about the origin or ingredients of a product.

(7) New Grounds for Trademark Registration and Use Prohibitions: Signs related to the names, flags, emblems, and medals of the Communist Party of China, as well as its major theoretical achievements and historic events, are newly added and explicitly prohibited from being registered or used as trademarks.

(8) Strengthened Regulatory Responsibilities for Trademark Agencies: Compliance obligations and penalties for violations by trademark agencies (intermediaries) are significantly increased, strictly punishing proxy behaviors that assist clients with bad-faith hoardings or non-compliant applications.

2.        Business Strategies

(1)      Review and Save Proof of Use: Immediately audit your registered trademarks in Mainland China. Keep proper records of contracts, invoices, and promotional leaflets to prevent official cancellation.

(2)      Monitor the Market More Frequently: Because the opposition period is shorter, companies should switch from quarterly to monthly trademark monitoring to avoid missing the golden window for objections.

(3)      Protect Digital Assets: Evaluate the dynamic visual effects of your products or apps to see if you should apply for dynamic trademarks early.

Since the new law will affect applications submitted this year, we suggest businesses adjust their trademark strategies as soon as possible.