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On 26 June 2026, the legislative body of China formally passed and released the revised Trademark Law, which is scheduled to enter into force on 1 January 2027.
The revision introduces several significant changes to the existing legal framework. A new chapter specifically dedicated to the conditions for trademark registration has been incorporated, bringing together and refining provisions previously dispersed across various sections of the law. Under the revised framework, applications filed without a bona fide intention to use the mark and which manifestly exceed ordinary business requirements will be refused. The revised law also explicitly excludes from registration and use any signs that are identical or similar to official emblems, flags, medals, and other symbolic elements associated with the state's foundational institutions, major theoretical achievements, or significant historical events.
In terms of enforcement, where a registered trademark is used in a manner liable to mislead the public, the competent enforcement authorities may issue a corrective order. Financial penalties may be imposed at up to five times the illegal turnover where such turnover exceeds CNY 50,000, or up to CNY 250,000 where the turnover does not reach that threshold. Any entity or individual is entitled to file complaints or reports regarding such misconduct with the relevant administrative or enforcement bodies.
The revised law further strengthens protection for brand owners in cross-border contexts. In the course of overseas trademark examination or dispute resolution, where it becomes necessary to establish that a mark is well known among the relevant public within China, the national trademark authority may, upon request of the interested party, issue a formal confirmation of the mark's well-known status in accordance with applicable regulations.
AFD China remains committed to providing our overseas clients with ongoing, in-depth analysis of the revised Trademark Law and its practical implications. We invite you to stay informed through our forthcoming publications.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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