China’s revised Trademark Law will take effect on January 1, 2027, and for foreign brand owners, this is more than a routine legal update. It is the first major structural reform of China’s trademark system since the law was originally adopted in 1983. The message behind the reform is clear: less room for speculative filings, more emphasis on genuine trademark use, and tighter control over practices that have made life difficult for both Chinese and foreign businesses for years. For importers, private-label sellers, manufacturers working with Chinese factories, and companies building a long-term brand strategy in Asia, these changes matter. China is not abandoning its first-to-file system, so early filing still matters. But the revised law is designed to make the system less vulnerable to abuse and more responsive to real commercial use.
China’s New Trademark Law 2027 – 8 Changes
The revised law was adopted on June 26, 2026 and will come into force on January 1, 2027. According to official Chinese sources, the law expands to 87 articles in 9 chapters. The reform focuses on registration control, bad-faith filings, streamlined procedures, trademark use, administrative supervision, and stronger protection of trademark rights.
For businesses, though, the most important question is practical: what actually changes on the ground? Below are the 8 changes that matter most.
Change 1 – Stronger action against bad-faith filings and bulk trademark hoarding
This is the most important change for foreign businesses. The revised law makes it much clearer that applications filed without intent to use and clearly beyond normal business needs should not be registered. In other words, China is directly targeting the practice of stockpiling trademarks purely for resale, blockage, or pressure tactics.
That is good news for importers and brand owners who have spent years dealing with trademark squatters registering marks they never intended to use. It does not mean trademark squatting disappears overnight, but it does mean the law gives examiners a clearer basis to reject speculative filing behavior much earlier.
Change 2 – A shorter opposition window
Under the revised law, the publication period after preliminary approval is reduced from three months to two months. For applicants, this may help move a registration to completion more quickly. For competitors and brand owners trying to stop a conflicting mark, it means less time to react.
In practical terms, this change cuts both ways. Your own filing may move faster, but if a third party files a mark identical or confusingly similar to yours, you will have a shorter period to oppose it. That makes trademark monitoring in China more important than before.
Change 3 – The authority can actively clear out unused “dead” marks
One of the long-standing problems in China’s trademark register has been the number of marks that sit there unused but still block others. The revised law strengthens the mechanism for dealing with marks that are not used for three years without proper justification.
For foreign brand owners, this is broadly positive because it should help clean up the register over time. But there is an important warning on the other side: if you register your mark in China and then never use it, your own registration can also become vulnerable. A filing is not enough by itself. Use matters.
Change 4 – Tighter oversight of trademark agencies
The reform does not only target bad-faith applicants. It also addresses the agencies and intermediaries that have helped enable abusive filing practices. Official commentary around the reform makes it clear that trademark agencies will face stronger supervision, tighter record-keeping expectations, and more serious consequences for misconduct.
For foreign businesses, this matters because many trademark problems in China do not start with the squatter alone. They start with the professional service provider willing to file anything for a fee. The revised framework is meant to reduce that behavior at the source.
Change 5 – Online use is now expressly recognized as trademark use
This is one of the most commercially relevant changes in the entire reform. The revised law makes it clear that the use of a trademark through the internet and other information networks counts as trademark use.
That matters in real life. Online stores, product listings, e-commerce pages, livestreams, and digital brand presentations can now more clearly support a use-based defense of a registration. For companies that operate in China mainly through e-commerce rather than physical retail, this is an important improvement.
Change 6 – Harsher treatment of misleading trademark use
The revised law also takes a tougher approach to trademarks used in ways that mislead consumers. This is not only about infringement in the traditional sense. It also concerns situations where the way a mark is used, combined with extra wording or presentation, gives consumers a false impression about the product’s nature, quality, or attributes.
For importers and brand owners, this is a practical reminder that registration alone is not enough. The mark also needs to be used consistently and honestly in packaging, online listings, and advertising.
Change 7 – Stronger protection for well-known trademarks
The revised law strengthens the framework for protecting well-known trademarks, including both registered and, in some situations, unregistered marks. Official explanations around the reform also point to a more formalized way of confirming well-known status, which could have value in broader dispute settings.
In practice, this change is most valuable for marks that already have strong recognition in China. But the underlying direction is still relevant for foreign brands: if your mark has real market recognition, the law is moving toward more meaningful protection beyond narrow class boundaries.
Change 8 – Dynamic trademarks become registrable
This is the most technical of the eight changes, but it still matters for modern branding. The revised law expands the list of registrable signs to include dynamic trademarks, meaning moving signs or motion-based branding elements.
For some companies, this will be a niche issue. For others, especially brands built through apps, digital content, animation, and motion identity, it opens a new way to protect distinctive branding features in China.
What does this mean for foreign importers and brand owners?
Overall, the direction of reform is favorable to businesses that genuinely use their marks and want to protect them in the Chinese market. There is more pressure on speculative filings, more value placed on actual use, and clearer recognition of the reality of online commerce.
But this is not a reform that removes the need for action. China is still fundamentally a first-to-file jurisdiction. That means the safest move for a foreign business remains the same: file early, monitor the register, document use, and do not assume a trademark registered elsewhere will protect you in China.
What should you do before January 1, 2027?
- File your trademark in China if you have not done it yet.
- Set up trademark monitoring, because the opposition period will be shorter.
- Keep evidence of use, including invoices, packaging photos, screenshots from online stores, and promotional materials.
- Review your trademark agent or agency to make sure you are working with a credible professional.
- Check how your mark is actually used in packaging, e-commerce, and marketing so that it remains consistent and non-misleading.
Final takeaway
China’s new trademark law from 2027 does not change everything, but it does move the system in a direction that should be more workable for legitimate brand owners. It strengthens the tools against bad-faith filings, gives more weight to real-world online use, and improves the legal environment for businesses that actually build and use brands instead of collecting paper rights.
At the same time, the most important rule does not change: if your brand matters in China, file it in China. The new law may reduce risk, but it does not replace a proper trademark strategy.
FAQ – China’s new trademark law 2027
| Change | Before | Starting in 2027 |
|---|---|---|
| Crackdown on trademark squatting | Rules against bad-faith filings were scattered across different provisions, and there were no effective tools aimed at bulk trademark hoarding. | A new, dedicated chapter of the law: applications “not intended for use and clearly exceeding normal business needs” will be rejected ex officio. |
| Shorter opposition period | After preliminary approval of an application (publication), third parties had 3 months to file an opposition. | The opposition period is shortened to 2 months. |
| Cancellation of unused marks | A trademark not used for 3 years could only be cancelled upon a request filed by a third party, usually a competitor. | The administrative authority may ex officio cancel trademarks that are “registered but unused.” |
| Oversight of trademark agencies | Lenient penalties for agent misconduct contributed to widespread irregularities. | Mandatory agency registration, clearer professional ethics rules, and stricter penalties. |
| Recognition of full trademark use | The legal status of trademark use on the internet was unclear. | Use of a trademark through information networks, including the internet, is expressly recognized as “trademark use.” |
| Penalties for misleading trademark use | Penalties for improper or misleading use of trademarks were relatively light. | Heavy fines and, if the violation is not corrected, cancellation of the trademark. |
| Protection of well-known trademarks | Cross-class protection mainly applied to registered well-known trademarks, and the system relied on formal “recognition” of fame. | Both registered and unregistered well-known trademarks are protected; “recognition” is replaced by “confirmation,” and the authority may issue official certificates of well-known status for use in overseas disputes. |
| Dynamic trademarks | Only words, graphics, letters, numbers, 3D marks, color combinations, and sounds could be registered. | The list now includes “dynamic” (motion) trademarks and combinations of motion marks with other elements. |
When does China’s new Trademark Law take effect?
The revised Trademark Law was adopted on June 26, 2026, and will take effect on January 1, 2027.
Does the new law ban trademark squatting in China?
It does not eliminate trademark squatting completely, but it gives the authorities a clearer legal basis to reject applications filed without intent to use and clearly beyond normal business needs.
How long will the opposition period be under the new law?
The publication period after preliminary approval will be two months, shorter than under the previous system.
Does online use count as trademark use in China?
Yes. The revised law expressly recognizes the use of a trademark through the internet and other information networks as trademark use.
Can an unused mark be removed from the register?
Yes. The revised law strengthens the mechanism for clearing marks that have not been used for three years without proper justification.
Does a trademark registration in the EU or US protect me in China?
No. Trademark rights are territorial, so protection in China requires action in China. File for trademark registration in China right now.