At the end of the second quarter of 2026, a new version of the PRC Trademark Law (hereinafter referred to as the “Law”) was adopted; it will take effect on January 1, 2027, and marks the first comprehensive revision of the Law since it took effect in 1983.
Key changes:
- Controls over the “hoarding” of trademarks have been tightened. Previously, registration could be refused if an application was filed “not for the purpose of using the mark,” but this criterion was subjective. Now, registration may be refused based on a combination of two circumstances: the application is filed not for the purpose of using the mark and, at the same time, clearly exceeds the ordinary needs of the applicant’s business activities.
- Administrative liability has been introduced for the bad-faith filing of applications. Previously, the law provided only for refusal of registration and declaration of invalidity. Now, the authority responsible for enforcing trademark law issues a warning to the applicant and has the right to impose a fine of up to 100,000 yuan.
- Administrative cancellation of unused trademarks has been introduced. Previously, the cancellation of a trademark that had not been used for three consecutive years was possible only upon application by a third party. Now, the trademark office has the authority to cancel such a trademark on its own initiative if the owner fails to provide valid reasons for non-use.
- The definition of trademark use has been expanded. The use of a trademark now explicitly includes its application on the Internet, including in e-commerce, social media, live streams, short videos, and app interfaces.
- The scope of protectable marks has been expanded. “Dynamic marks,” including animated logos and splash screens, as well as short brand video presentations, are now eligible for registration.
The adopted amendments shift the focus from the mere fact of trademark registration to its actual use: a lack of intent to use the mark results in refusal of registration and administrative liability, and an unused mark may be revoked at the initiative of the authorities. Furthermore, online activity is now recognized as use. We recommend reviewing the composition of your trademark portfolios in China before the Law takes effect, discontinuing trademarks for which there is no need, and ensuring that evidence of use is collected for the remaining trademarks, including materials from online sources.
