China’s Trademark Law has been on the books since 1983, and for more than four decades it has been updated only in piecemeal fashion. That era is now over. On June 26, 2026, the Standing Committee of the National People’s Congress adopted a fully revised Trademark Law — the first comprehensive overhaul in the statute’s history — and it takes effect on January 1, 2027. For any foreign company selling goods or services in China, this is not a distant legislative footnote. It changes what can be registered, how well-known trademarks are treated, and how strictly trademark agencies are regulated. This guide walks through the six changes that matter most and explains what your business should do before the new rules come into force.
Table of Contents
Why This Revision Matters
The revised Trademark Law arrives as part of a broader push to turn China into a world-class intellectual property jurisdiction. Under the country’s 15th Five-Year Plan for IP protection and application, authorities have committed to treating the intellectual property of domestic and foreign enterprises equally, with full punitive damages now available against deliberate infringement. China has also compressed trademark examination to roughly four months on average — among the fastest of any major jurisdiction — while a nationwide network of 137 IP protection centers and fast-track rights protection centers serves more than 200,000 registered enterprises.
For a foreign brand, the trademark is usually the first intellectual property asset you protect in China, and often the one that matters most commercially. A change to the Trademark Law therefore affects you directly, whether you are already selling in China or still planning your market entry. The 2027 revision represents a shift from scattered amendments to a systematic modernization of the entire trademark system.
Six Key Changes in the 2027 Trademark Law
At the State Council press conference announcing the 15th Five-Year Plan for IP, officials outlined six headline changes in the revised law. The table below summarizes them, followed by a closer look at each.
| Change | What It Means in Practice |
|---|---|
| Good-faith principle | Applications and use of trademarks must follow good faith; abuse of rights is prohibited. |
| Expanded registrable elements | Dynamic marks (such as a phone boot-up animation) can now be registered. |
| Well-known trademark reform | “Recognition” becomes “confirmation”; cross-class protection no longer depends on registration status. |
| Idle trademark exit mechanism | Tackles “registered but not used” marks to free up space on the register. |
| Stricter agency regulation | Clearer practice standards, filing obligations, and penalties for trademark agencies. |
| Clarified departmental duties | Clearer division of labor and more digitalized public services. |
1. A statutory good-faith principle
The new law states explicitly that applying for and using a trademark must follow the principle of good faith, and that rights may not be abused to harm the public interest, the state interest, or the legitimate rights of others. In practice, this gives authorities and courts a clearer basis to push back against bad-faith filings — including trademark squatting of foreign brand names, which has long been a frustration for overseas companies entering China.
2. Dynamic marks become registrable
The law broadens the categories of registrable elements and introduces dynamic marks and their combinations. A commonly cited example is a mobile phone boot-up animation, which can now be filed as a trademark. This responds directly to new-technology and new-economy businesses and opens up fresh brand-protection options for companies whose identity is animated or motion-based.
3. Well-known trademark rules are overhauled
The mechanism for well-known trademarks is reformed in two ways, covered in detail in the next section.
4. An exit mechanism for idle trademarks
To address the long-running problem of trademarks that are registered but never used, the law refines the exit mechanism for idle marks and cracks down on the use of registered trademarks in ways that mislead the public. For foreign filers, this is a reminder that a China registration must be backed by genuine use — not just held defensively.
5. Stricter regulation of trademark agencies
The law sets out clearer professional standards, entrusted matters, and filing obligations for trademark agents, and it details the unlawful circumstances and penalty standards. This is good news for foreign companies, which rely heavily on local agents: a more disciplined agency market means fewer filings made in your name without proper instruction.
6. Clearer departmental duties and digital services
The law clarifies the responsibilities of the departments handling trademark registration, management, and enforcement, and improves the linkage between administrative and criminal cases plus cross-departmental coordination. It also directs the trademark authority to build out a more informatized and intelligent public service system, which should gradually make filings and record checks faster and more transparent.
What Changes for Well-Known Trademarks
Two adjustments to the well-known trademark regime deserve special attention, because they matter most for internationally recognized brands.
First, the law changes the language around well-known status from “recognition” (rending) to “confirmation” (queren). This is a deliberate move to curb the over-pursuit of well-known trademark certification as a marketing badge. In other words, the designation is being reframed as a factual confirmation within a case, rather than a prize to be chased.
Second, cross-class protection for well-known trademarks is no longer tied to whether the mark is registered or unregistered. This aligns China’s rules more closely with high-standard international trade practice and gives strong, well-known brands a more consistent shield across unrelated goods and services. For a foreign brand with a famous name, the practical effect is more predictable protection against third parties attempting to register the same or a similar mark in a different class.
Transition Timeline: What Happens Before 2027
The sequence is straightforward, but the preparation window matters. The revised Trademark Law was adopted on June 26, 2026 and takes effect on January 1, 2027. Between now and then, the China National Intellectual Property Administration (CNIPA) is completing several pieces of supporting work:
- Revising the Implementing Regulations of the Trademark Law to detail the new requirements, standards, and procedures.
- Updating the Trademark Examination Guidelines to reflect the legislative changes.
- Studying transition rules for cases that span the old and new law — for example, an application filed before the effective date but decided after it.
- Upgrading the online filing and examination systems so operations run smoothly from day one.
- Running public interpretation campaigns and specialized training for examiners and administrators.
If you have a filing, renewal, or dispute that could straddle January 1, 2027, it is worth getting professional advice now rather than assuming the current rules will continue to apply.
How Foreign Companies in Guangzhou and Shenzhen Should Prepare
For foreign companies operating in Guangdong — whether your China entity sits in Guangzhou, Shenzhen, or a nearby city such as Foshan or Dongguan — the run-up to January 1, 2027 is the right time to review your trademark position. A few practical steps:
- Audit your existing portfolio. Confirm which marks are registered, in which classes, and whether they are genuinely in use in China.
- File pending applications now. Applications lodged before the effective date will generally follow existing practice, subject to the transition rules CNIPA is preparing.
- Review your well-known mark strategy. If your brand is famous globally, assess whether you should be strengthening cross-class protection under the new confirmation standard.
- Vet your trademark agents. The stricter agency rules make it more important to work with a reputable, properly instructed local partner.
- Watch for dynamic-mark opportunities. If motion or animation is part of your brand, the expanded registrable elements may open new protection you did not have before.
Getting the filing strategy right matters more than the registration itself, because a trademark is only as strong as the commercial plan behind it. Our team supports foreign companies across trademark registration, broader intellectual property strategy, and the legal review that ties it all together.
Frequently Asked Questions
When does China’s new Trademark Law take effect?
The revised Trademark Law was adopted on June 26, 2026 and takes effect on January 1, 2027.
What is a dynamic mark, and can I register one?
A dynamic mark is a moving or animated sign, such as a mobile phone boot-up animation, together with its related elements. Under the new law these become registrable as trademarks, opening new protection options for motion-based brands.
How does the new law change well-known trademark protection?
Well-known status shifts from “recognition” to “confirmation,” and cross-class protection is no longer conditioned on whether the mark is registered or unregistered. The goal is stronger, more consistent protection for famous brands while discouraging companies from chasing the designation as a marketing badge.
What happens to trademark applications filed before January 1, 2027?
CNIPA is preparing transition rules for cases that span the old and new law, including applications filed before the effective date but decided after it. If your filing could straddle the date, professional advice is recommended.
Do foreign companies receive the same trademark protection as domestic ones?
Yes. Under the 15th Five-Year Plan for IP, China has committed to treating the intellectual property of domestic and foreign enterprises equally, with punitive damages available against deliberate infringement.
Should I file my trademark now or wait for the new law?
In most cases it is better to file now. Applications lodged before the effective date generally follow existing practice, and acting early avoids the risk of a competitor or squatter filing first.
The 2027 revision to China’s Trademark Law is the most significant change to the system in four decades, and it will reshape how foreign brands protect themselves in one of the world’s largest consumer markets. Whether you need to register a new mark, strengthen well-known trademark protection, or simply make sure your existing portfolio is ready for the new rules, contact Dan Young Business Consultancy and we will help you plan and implement the right approach.
Disclaimer: This article is provided for general information only and does not constitute legal, tax, or professional advice. The revised Trademark Law of the People's Republic of China and its supporting regulations are subject to official publication and interpretation. You should consult a qualified professional regarding your specific circumstances before taking any action.