China has amended its Trademark Law, with the changes taking effect on 1 January 2027. Below, we highlight the key changes and steps that foreign brand owners should consider regarding their trademark registrations in China.
Opposition period reduced from 3 months to 2 months
What changes?
You will have less time to identify and oppose conflicting trademark applications.
What to do:
- Consider a professional trademark watch for important/valuable brands in China.
- Ensure conflicting marks are identified and assessed early enough.
Failure to record changes with CNIPA may result in fines of up to RMB 50,000 (approx. 6,500 €)
What changes?
Changes to the registrant’s name, address or other registered details must be recorded with CNIPA. Failure to do so may lead to an order to rectify the registration, fines of up to RMB 50,000, and in certain cases, even revocation.
What to do:
- Keep registration details up to date and accurate.
- Check that past changes have been properly recorded with CNIPA.
A new or revised logo may require a new application
What changes?
A significantly changed logo may not be covered by the existing registration or qualify as use of the registered mark in cancellation proceedings.
What to do:
- Assess the trademark implications before changing a logo.
- Consider filing a new application for a revised logo.
- Ensure your registered logos match those actually in use.
CNIPA can initiate certain non-use cancellation actions
What changes?
CNIPA may initiate certain non-use cancellation proceedings without a third-party request.
What to do:
- Maintain ongoing and up-to-date evidence of genuine trademark use, such as (dated) pictures of the products, packaging, invoices and sales records showing the mark and naming the goods and/or services.
Applications may be refused if they exceed genuine business needs
What changes?
Trademark applications that go beyond genuine business needs may face refusal. Defensive registrations therefore need a credible commercial or registration basis.
What to do:
- Review your trademark portfolio regularly.
- Make sure registrations reflect your current and anticipated business needs.
The new law also expressly prohibits abusive use of trademark rights that harms public or national interests or others’ legitimate interests. While these changes mainly affect existing registrations, early filing remains key for foreign companies.
The full impact of the revised law will become clearer over time, but businesses operating in China should already take these changes into account in their trademark activities.