The short answer
China has passed a revised Trademark Law. It takes effect on 1 January 2027 and grows from 73 to 87 articles. The biggest changes: bad-faith filings are punished harder, the opposition window shrinks from three months to two, dynamic marks can be registered, and trademark agencies must register with the authority.
Why this matters outside China
China is one of the busiest trademark offices in the world, and many brands from Bangladesh, India and other countries file there. Changes to the law affect your filing plan, your watch service and the agent you hire.
The details below follow the summary of the law published by the EU IP Helpdesk in August 2026. Some law-firm notes give slightly different adoption dates, so always check the official text before you rely on a number.
Bad-faith filings and use
- The test changes from "not for the purpose of use" to "not intended for use and clearly beyond normal production and business needs".
- A bad-faith applicant faces a warning and a fine of up to RMB 100,000.
- An agent who knew, or should have known, that the client filed in bad faith and still accepted the job also carries liability.
- A mark left unused for three years in a row without good reason, or one that became generic, can be cancelled, and the authority may start the cancellation on its own.
- Online use, such as on e-commerce platforms and social media, is expressly counted as trademark use.
If you keep filings in China for defence only, plan real use or proof of use. Non-use is now a bigger risk.
Opposition, marks and agents
| Topic | Before | After 1 Jan 2027 |
|---|---|---|
| Opposition period | 3 months | 2 months |
| Dynamic marks | Not clearly registrable | Registrable (Article 14) |
| Functionality exclusion | Three-dimensional marks only | All non-traditional marks (Article 18) |
| Unregistered well-known marks | Weaker protection | Cross-class protection (Article 21) |
| Agency registration | Not required | Required; fine up to RMB 50,000 if not done |
Agents and individual practitioners must register with the State Council trademark authority. Six types of agency misconduct are listed, including acting where there is a conflict of interest. Serious violations can bring fines of up to RMB 200,000 for an agency and RMB 100,000 for a practitioner.
Enforcement and damages
- The infringer's gain and the owner's actual loss are now equal first methods to calculate damages (Article 77).
- Statutory damages stay at up to RMB 5 million.
- Misleading use of a mark can bring a fine of up to five times illegal turnover, or up to RMB 250,000 where turnover is below RMB 50,000.
- Malicious litigation is defined, with liability for the loss it causes (Article 81).
- Using a mark only to describe purpose, users or true source is a non-infringing use if it causes no confusion (Article 73).
What brand owners should do before 2027
Review your China portfolio
- List marks that are not in use. Decide which to use, defend or drop.
Update your watch
- Opposition now has two months, so your watch service must report early.
Check your agent
- Ask whether your agent will register under the new rules.
Consider new mark types
- If your brand has motion or animated elements, ask about a dynamic mark application.
Questions about the new Chinese Trademark Law
When does the revised Trademark Law start?
On 1 January 2027, according to the sources we checked.
Does it change the opposition period?
Yes. The period to oppose a published application drops from three months to two (Article 36).
Can I register a moving logo?
Yes. Dynamic marks become registrable under Article 14.
Do foreign companies need an agent in China?
Foreign applicants still file through a registered agency, and agencies themselves must now register with the authority.
Is this legal advice?
No. It is a general summary. Contact us for advice on your own marks.
Filing a trademark in China?
SUPREMEiP® works with local counsel in China to file, watch and defend your brand. Tell us your mark and we will plan the steps.
