China’s 2026 Trade Mark Law revision for international brands

On 26 June 2026, China enacted its most significant Trade Mark Law revision in nearly two decades, expanding the statute from 8 chapters and 73 articles to 9 chapters and 87 articles. The new law takes effect on 1 January 2027.

For international brand owners, four changes are particularly impactful: (1) the introduction of dynamic marks; (2) a shortened opposition period (2 months); (3) new penalties for misleading use; and (4) a multi-layered crackdown on bad-faith filings. Below is a focused analysis and practical guidance for each.

1. Dynamic Marks Now Registrable

The Change

The revision formally adds ‘dynamic marks’ (e.g., motion graphics, animated logos, loading sequences) to the list of registrable trade marks, aligning China with EU and US standards.

Impact on International Brands

Previously, these digital assets enjoyed only weak protection under copyright or unfair competition law. They now qualify for full trade mark enforcement (injunctions, damages, customs action).

Action Points

• Audit your digital assets used in China (app icons, UI transitions, animated logos).
• File early – China remains a first-to-file jurisdiction, and local competitors may move quickly.
• Prepare multi-frame depictions or video clips for filing once the implementing regulations are issued.

2. Opposition Window Shortened: 3 Months → 2 Months

The Change

The period for opposing a published trade mark application has been reduced from three months to two months.

Impact on international brands

This significantly tightens the response window for international brand owners, who often rely on international watch services. The shorter timeline compresses evidence gathering, translation, internal approval, and local counsel coordination.

Action Points

• Upgrade watch service to ensure real-time alerts for Chinese publications.
• Pre-authorise local counsel to file placeholder oppositions or seek extensions where allowed.
• For high-value marks, consider preemptive filings in key classes rather than relying solely on opposition.

3. Stricter Penalties for Misleading Use

The Change

New administrative penalties target misleading use of registered trade marks (e.g., false origin, quality, or environmental claims). Penalties are structured as follows:

Impact on International Brands

International brands using marks that imply ‘Swiss Made’, ‘French Vineyard’, ‘eco-friendly’, or ‘medical grade’ must substantiate these claims. Liability extends to licensees and OEM partners – misleading use by a licensee can lead to revocation of the owner’s registration.

Action Points

• Conduct a compliance review of all Chinese packaging, e-commerce listings, and advertisements for unsubstantiated claims.
• Strengthen licensee audit clauses to prohibit misleading use and require indemnification.
• Maintain evidence files supporting all quality, origin, or functional claims tied to your marks.

4. Multi-Layered Crackdown on Bad-Faith Filings

The revision introduces a three-pronged attack on bad-faith squatting, which has historically targeted international brands.

4.1 Semi-Intent-to-Use Requirement for Filings

• The rule: Applications ‘not intended for use and clearly exceeding normal business needs’ shall be refused.
• Impact: This targets speculative hoarding. For international brands, that means fewer squatter obstacles and lower defensive filing costs.
• Caution: Reasonable defensive registrations across all classes may be caught in this net. Re-evaluate your portfolio – registrations in classes with no actual or planned use in China are now vulnerable.

4.2 Fines for Bad-Faith Applicants

• The rule: Malicious applicants face administrative fines of up to RMB 100,000.
• Impact: Adds financial deterrence beyond mere refusal, potentially reducing the commercial viability of squatting.

4.3 Heightened Liability for Agents

• The rule: Agents face fines (RMB 10,000–200,000 for firms; RMB 5,000–100,000 for practitioners) and possible licence suspension for facilitating bad-faith filings.
• Impact: Reputable agents will tighten compliance and raise fees. Low-cost ‘filing factories’ may go out of business.

Action Points

• Vet your Chinese counsel immediately to confirm their compliance protocols.
• Prepare internal documentation (launch timelines, distribution agreements) to prove genuine use intent for all new filings.
• Consider strategic abandonment of dormant marks (using the new one-year quarantine rule) to avoid non-use cancellation risks, whilst balancing the risk of re-squatting.
• Document your overall China trade mark strategy – aggressive defensive filing histories could be weaponised against you in contentious proceedings.

Next Steps

To navigate these changes effectively, we recommend:

1. Auditing digital assets for potential motion mark filings.

2. Upgrading watch services to adapt to the shortened opposition period.

3. Reviewing marketing materials for misleading claims.

4. Re-evaluating defensive filing strategies in light of the use requirement.

5. Engaging with local counsel to ensure compliance with new agent liability rules.

For tailored advice on your brand portfolio or enhanced watch services of your brands, please contact our China IP team.