On 26 June 2026, the PRC Standing Committee of the National People’s Congress adopted the first comprehensive revision of the PRC Trademark Law since its enactment in 1983. The revised law takes effect on 1 January 2027. On 14 September 2026, the PRC Supreme People’s Court issued draft Judicial Interpretations for public comments by October 28, 2026, setting transition rules for the 2026 law and clarifying key registration standards. Our client alert will be updated according to the latest Judicial Interpretations and CNIPA Implementing Rules as they become available before 1 January 2027.

Highlights

 Motion (Dynamic) marks become registrable. Filing requirements to be clarified but interested brand owners should prepare to file early in strategic classes.

• The opposition period will be reduced from three months to two months. Trademark watch and decision processes must speed up.
• CNIPA can initiate ex officio non-use cancellation against registered marks unused for three consecutive years. A direct risk to defensive portfolios that need to be audited and reassessed.
• Misleading use of registered marks can trigger fines up to 5× illegal turnover or RMB 250,000, and invalidation of the marks.
• Ex officio invalidation against “deceptive scheming trademarks” by CNIPA will continue, targeting registered trademarks that may mislead consumers as to product quality, product nature, product attributes, or other material characteristics.
• The bad-faith filing test will become objective (“no intent to use and clearly exceeding normal business needs”), and bad faith applicants can face administrative fines up to RMB 100,000, although no dedicated civil damages to victim brands unless bad faith post-registration enforcement is involved.
• Unregistered well-known marks can gain cross-class protection.
• Four categories of statutory fair use
• Punitive damages require “intent” rather than “malice”; reasonable enforcement costs are recoverable in addition to damages.
• Malicious litigation (collusion or fabricated facts) can lead to judicial sanctions plus civil and potential criminal liability.

In sum, the new PRC Trademark Law demonstrates the translation of China’s trademark system from a registration-focused framework to a lifecycle governance system.

The above is not intended as legal advice. Readers should seek specific legal advice before acting regarding the subjects mentioned herein.

For detailed analysis and recommended actions, please email: info@qr-ip.com