On 26 June 2026, the Standing Committee of the National People’s Congress adopted the revised PRC Trademark Law, which will take effect on 1 January 2027.

Key changes include:
– 𝗢𝗽𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻 𝗽𝗲𝗿𝗶𝗼𝗱 𝘀𝗵𝗼𝗿𝘁𝗲𝗻𝗲𝗱 𝗳𝗿𝗼𝗺 𝘁𝗵𝗿𝗲𝗲 𝗺𝗼𝗻𝘁𝗵𝘀 𝘁𝗼 𝘁𝘄𝗼 𝗺𝗼𝗻𝘁𝗵𝘀. Rights holders will have less time to oppose conflicting applications, making timely trade mark watching more important than ever.
– 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝘃𝗲 𝗽𝗲𝗻𝗮𝗹𝘁𝗶𝗲𝘀 𝗳𝗼𝗿 𝗯𝗮𝗱 𝗳𝗮𝗶𝘁𝗵 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝗻𝘁𝘀. Applicants engaging in specified bad faith filing activities may now face warnings and fines of up to RMB100,000, reinforcing China’s continued efforts to curb abusive filings.
– 𝗚𝗿𝗲𝗮𝘁𝗲𝗿 𝗮𝗰𝗰𝗼𝘂𝗻𝘁𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗳𝗼𝗿 𝘁𝗿𝗮𝗱𝗲 𝗺𝗮𝗿𝗸 𝗲𝘅𝗮𝗺𝗶𝗻𝗲𝗿𝘀. The revised law introduces disciplinary consequences for examiners who approve registrations that do not meet the statutory requirements. While its practical impact remains to be seen, this may lead to a more conservative examination approach.
– 𝗦𝘁𝗿𝗶𝗰𝘁𝗲𝗿 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗺𝗶𝘀𝗹𝗲𝗮𝗱𝗶𝗻𝗴 𝘂𝘀𝗲 𝗼𝗳 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝘁𝗿𝗮𝗱𝗲 𝗺𝗮𝗿𝗸𝘀. The revised law introduces express administrative penalties for using registered trade marks in a manner that misleads the public, including fines and, in appropriate cases, revocation of the registration.

These amendments are expected to have a significant impact on trade mark filing, prosecution and enforcement strategies in China.

Stay tuned for our upcoming article examining these and other key amendments, together with their practical implications for brand owners and trade mark practitioners.