What Is China’s Revised Trademark Law
China has passed a comprehensive revision of its Trademark Law, marking the most significant update to the country’s trademark regime in recent years. The amendments take effect on 1 January 2027 and touch nearly every stage of the trademark lifecycle, from filing and examination to enforcement and cancellation.
The revision responds to two forces reshaping brand protection worldwide: the shift of commerce to digital platforms, and the rise in bad faith trademark filings that have long troubled both Chinese and foreign brand owners.
Key takeaway: This is not a minor procedural update. It changes what can be registered, how trademark use is proven, how quickly rights holders must act, and how bad-faith conduct is policed.
When Does the New Trademark Law Take Effect
The amended Trademark Law comes into force on 1 January 2027. Businesses operating in China, or planning to enter the Chinese market, have a limited window before the new rules apply to file, review, or restructure their trademark strategy.
Why Did China Revise Its Trademark Law
The reform modernizes trademark protection to keep pace with digital branding, curbs abusive filing practices, and streamlines registration procedures. Three pressures drove the update:
Digital commerce growth brand use increasingly happens online, not just in physical markets.
Bad faith filings trademark squatting and abusive enforcement have damaged trust in the system.
International alignment China is bringing its regime closer to global standards on non-traditional marks and good faith obligations.
WhatAre Motion Marks and Can They Be Registered in China
Yes. Under the revised law, dynamic (motion) marks are now recognized as a registrable trademark type, alongside the existing categories of word, device, colour, sound, and three-dimensional marks.
This means businesses can now seek protection in China for:
- Animated logos
- Moving brand identifiers used in digital interfaces, apps, and video content
- Motion-based intros or transitions tied to a brand
Practical impact: Companies with signature animations, such as app loading sequences or on-screen brand transitions, now have a formal registration route in China that did not previously exist.
Can Functional Features Be Registered as Trademarks
No. The amendments clarify a key limitation: dynamic, colour, sound, and three-dimensional marks cannot be registered if their features are purely functional or necessary to achieve a technical result.
This mirrors a principle found in many major trademark systems, that trademark protection should not be used to monopolize functional or technical solutions that belong in the domain of patent law.
Common mistake to avoid: Do not assume any moving, coloured, or shaped element automatically qualifies. If the feature exists to achieve a technical function rather than to distinguish the brand, it will likely be refused.
How Does the Law Recognize Online Trademark Use
The revised law expressly expands the definition of trademark use to include use through the internet and other information networks.
This confirms that use on the following now counts as valid trademark use:
- E-commerce platforms
- Social media channels
- Online marketplaces and digital storefronts
- Other information networks
Why this matters: Trademark use is central to two things in China, maintaining an existing registration against non-use cancellation, and establishing infringement claims. Brand owners who only market and sell online, without traditional offline use, now have clearer legal footing to defend their rights.
What Is the Good Faith Principle and Why Was It Strengthened
Chinese trademark law has long required that applications and use be made in good faith. The revised law goes further, expressly prohibiting the abuse of trademark rights that harms public interests or the legitimate rights of others.
This strengthened good faith principle is aimed squarely at two longstanding problems:
- Bad-faith filings — registering trademarks with no genuine intent to use them, often to block legitimate brand owners or extract payment.
- Abusive enforcement — using registered rights in ways that harm competitors or the public interest rather than to protect genuine commercial goodwill.
Who benefits: Both domestic Chinese businesses and foreign brand owners who have historically faced squatting and opportunistic filings in the Chinese market.
How Long Is the New Opposition Period
The period for filing an opposition against a published trademark application has been reduced from three months to two months.
Requirement | Before | From 1 January 2027 |
| Opposition filing window | 3 months | 2 months |
What this means for rights holders: Trademark monitoring can no longer be a quarterly task. Brand owners need to review the Chinese trademark register more frequently and be ready to act within a shorter window, or risk losing the chance to oppose a conflicting application.
What Is the One Year Restriction on Refiling After Cancellation
The revised law introduces a one-year restriction on third-party filings following the voluntary cancellation of a registered trademark.
Previously, once a trademark was voluntarily cancelled, opportunistic filers could move quickly to register an identical or similar mark. The new rule closes that window, reducing the risk of trademark squatting immediately after a cancellation is recorded.
Practical example: A company cancels an old registration to rebrand under a new class structure. Under the new rule, third parties cannot swoop in and file for that same mark for a full year, giving the original owner and other legitimate applicants breathing room.
What Are the Risks of Not Reviewing Your Trademark Portfolio
Businesses that do not review their trademark position before 1 January 2027 may face:
- Missed opposition deadlines due to the shorter two-month window Gaps in protection for animated or digital brand assets that competitors register first
- Continued exposure to bad-faith filings if monitoring is not tightened
- Uncertainty around non-traditional marks that include functional elements
What Should Businesses Do Before 1January 2027
Best practices ahead of the commencement date:
- Audit your trademark portfolio identify gaps, especially around online use evidence and non-traditional marks.
- Consider filing for motion marks if your brand uses distinctive animations or moving identifiers, evaluate registration now.
- Document online use keep clear records of trademark use across e-commerce and social platforms to support registration maintenance and enforcement.
- Tighten trademark watch services adjust monitoring frequency to match the shorter two-month opposition period.
- Review enforcement practices ensure enforcement actions are grounded in legitimate rights, given the strengthened good faith and anti-abuse provisions.
- Plan cancellations strategically factor in the new one-year third-party filing restriction when deciding whether and when to cancel existing registrations.
Key Takeaways
- China’s revised Trademark Law takes effect 1 January 2027.
- Motion marks are now registrable, but purely functional features remain excluded across dynamic, colour, sound, and 3D marks.
- Online use on e-commerce and social platforms now expressly counts as trademark use.
- The good faith principle has been strengthened to curb bad-faith filings and abusive enforcement.
- The opposition period is shorter, cut from three months to two months.
- A one-year restriction now applies to third-party filings after a voluntary cancellation.
- Businesses should review portfolios and enforcement strategies before the law takes effect.
Ready to Review Your Trademark Strategy?
China’s trademark landscape is changing, and the window to prepare is narrowing. Whether you need to register a motion mark, strengthen your online use evidence, or tighten your opposition monitoring, now is the time to act.
Contact our trademark team today for a portfolio review and a tailored strategy ahead of the 1 January 2027 commencement date. info@legacypartners.global
