China’s revised Trademark Law, adopted on 26 June 2026 and in force from 1 January 2027, gives brand owners new tools against bad-faith filings but cuts the opposition window from three months to two. For any European or Latin American company that makes, sources or sells in China, the China trademark law 2026 reform means one thing in practice: register early, watch the Chinese gazette every month and keep proof of use ready.
Update (October 2026): the EU IP Helpdesk noted on 1 September 2026 that some ideas from the 2023 draft were dropped, including mandatory use undertakings and the compulsory transfer of bad-faith registrations to the legitimate owner. EU IP Helpdesk, 1 September 2026.
Key takeaways
- The Standing Committee of the National People’s Congress (NPC) adopted the law on 26 June 2026; it applies from 1 January 2027.
- Oppositions must be filed within two months of publication (Article 36), instead of three.
- Filings without intent to use that clearly exceed normal business needs must be refused (Article 19); bad-faith filers face fines of up to RMB 100,000 (Article 54).
- Three years’ non-use remains a cancellation ground, and the trademark office may now cancel on its own initiative (Article 57).
What does the China trademark law 2026 change?
The text published by the China National Intellectual Property Administration (CNIPA) on 26 June 2026, and reported the same day by Xinhua, runs to 87 articles in nine chapters. The provisions that matter most for foreign brand owners:
| Article | What the 2026 text says | Why it matters |
|---|---|---|
| 2 | Use includes use through the internet and other information networks | Online sales count as use |
| 14 | Motion (dynamic) marks become registrable | Animated logos can be protected |
| 19 | No registration without intent to use where filings clearly exceed normal business needs; no filing by deception or other improper means | A statutory basis to oppose squatted marks |
| 36 | Opposition within two months of publication | Less time to react |
| 54 | Warning and fine of up to RMB 100,000 for bad-faith filings causing adverse effects | A cost for squatters |
| 57 | Cancellation after three years’ non-use, on request or by the office itself | Unused marks are more exposed |
| 73 | Using a mark to indicate purpose, compatible products or true source is allowed unless it causes confusion | Room for spare parts and resellers |
| 77 | One to five times damages for serious intentional infringement; statutory damages of up to RMB 5 million | Litigation becomes more worthwhile |
Why the shorter opposition period matters
China works on a first-to-file basis: whoever registers first usually owns the mark, whoever used it first abroad. Opposition is the cheapest moment to stop a copycat application, and from 2027 it lasts two months. Article 36 lets any person oppose on bad-faith grounds under Article 19, while holders of prior rights can rely on the relative grounds in Articles 20 to 24, which include well-known marks (Article 21). With two months, a quarterly watch report is no longer enough: by the time a conflict reaches you, half the period may have gone.
New tools against bad-faith filings
Article 19 gives an objective test: no intent to use and a volume of filings that clearly exceeds normal business needs. Squatters who target a brand that has not yet entered China can now be opposed on that ground by anyone. Article 21 also protects well-known marks not registered in China against use on dissimilar goods where the public would be misled and the owner harmed.
Use requirements tighten too. In an infringement claim, the owner may have to show actual use in the three years before the infringement (Article 78), and CNIPA may cancel an unused mark on its own initiative (Article 57). A defensive registration that is never used is weaker than it was.
What this means for your business
- File in China before you launch, sell online or exhibit at a fair, and consider the Chinese-character version of your brand as a separate mark.
- Choose the route: China has been in the Madrid Protocol since 1995, according to WIPO Lex, so you can designate it from your EU or Spanish mark; a national filing gives more control over Chinese subclasses.
- Set up a monthly watch on the CNIPA gazette for your marks and close variants.
- Keep dated evidence of use in China, including online sales, for the last three years.
China sits outside our core corridor, so we handle it as an extension for corridor clients. Our international trademark registration team for Europe, Latin America and Africa prepares the Madrid designation or national filing and coordinates qualified Chinese trademark agents for searches, oppositions and responses.
Where companies get this wrong
- Waiting until there is revenue in China. By then a local party may own the mark and the opposition window will have closed.
- Filing only the Latin-script mark, while consumers and marketplaces use a Chinese name that someone else registers.
- Letting the factory or distributor file. Such marks are hard to recover and can block exports.
- Registering without using. From 2027 non-use invites cancellation by the office and weakens damages claims.
These problems usually arise when the Chinese filing is handled apart from the rest of the portfolio. Our cross-border IP strategy service keeps owners, goods and dates consistent across the EU, Spain, Latin America and China.
Frequently asked questions
When does the new Chinese Trademark Law apply?
The revised law was adopted by the NPC Standing Committee on 26 June 2026 and takes effect on 1 January 2027. Marks registered before that date remain valid. Until then the current law applies, including its three-month opposition period, so applications published in 2026 follow the existing rules.
Can I still oppose a bad-faith Chinese application against my brand?
Yes. From 2027 you have two months from publication of the preliminary approval. Any person may oppose on bad-faith grounds under Article 19, and owners of prior rights can rely on relative grounds. After registration, invalidation remains possible, but it is slower and more costly.
Is a Madrid designation enough to protect my brand in China?
It is a valid route, since China is a Madrid Protocol member, and it works well when the EU or Spanish basic mark is solid. Many companies add national filings for the Chinese-character mark or for subclasses that need precise wording, plus a monthly watch service.
Can IP Global Guard handle trademark protection in China?
Yes, as an extension for clients in our Europe, Latin America and Africa corridor. We prepare and coordinate Madrid designations through EUIPO or OEPM, directly where our professionals are entitled to act and otherwise through qualified representatives, and coordinate qualified Chinese agents for national filings and oppositions.
Protect your brand in China from one point of contact
IP Global Guard, the IP services line of META Channel Corporation Limited, manages trademark portfolios across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship, and extends them to China for corridor clients through the Madrid System and local agents.
Tell us which marks you sell or manufacture under, whether you use a Chinese name and when you plan to enter the market. We will check availability, recommend the route and set up the watch before the two-month window applies. Talk to our trademark team about China.
This article is general information, not legal advice, and reflects the position on the date of publication.
Sources
- CNIPA, Trademark Law of the People’s Republic of China (2026 revision), text from the NPC (26 June 2026)
- Xinhua, revised Trademark Law adopted (26 June 2026)
- WIPO Lex, Madrid Protocol contracting parties (database)
- EU IP Helpdesk, China completes fifth amendment of its trademark law (1 September 2026)
