# What the revised Trademark Law changes on January 1, 2027

What China's revised Trademark Law changes for foreign applicants from January 1, 2027: a two-month opposition period, the intent-to-use rule and fines, the agency rule, motion marks, and non-use cancellation.

Canonical URL: https://ginbing.com/docs/china-trademark/2027-trademark-law-changes
Markdown URL: https://ginbing.com/docs/china-trademark/2027-trademark-law-changes/index.md

## TLDR

The revised law takes effect on **January 1, 2027**, and existing registrations stay valid. The opposition period falls from three months to two, applications without intent to use can face a fine, and CNIPA may cancel an unused registration on its own. Examination time, the ten-year term, priority, and the 15-day review period stay the same.

## Guide

China revised its Trademark Law on June 26, 2026. This page compares the [2019 text](/docs/china-trademark/laws/trademark-law/2019) and the [2026 text](/docs/china-trademark/laws/trademark-law/2026) on the points that matter most to an overseas brand owner.

## The changes at a glance

| Topic | 2019 law, through December 31, 2026 | 2026 revision, from January 1, 2027 |
| --- | --- | --- |
| Opposition period | Three months from publication (Article 33) | Two months from publication (Article 36) |
| Filing without intent to use | A bad-faith application not intended for use is rejected (Article 4) | An application without intent to use and clearly exceeding normal business needs is not registered (Article 19), and can bring a warning and a fine of up to RMB 100,000 (Article 54) |
| Who must use an agency | A foreign person or foreign enterprise (Article 18), as defined in the Implementing Regulations | A foreign person, enterprise, or other organization without a habitual residence or business establishment in China (Article 11) |
| Types of mark | Words, devices, letters, numerals, three-dimensional signs, color combinations, sounds (Article 8) | The same, plus motion signs (Article 14) |
| Use of a mark | No express mention of online use (Article 48) | Includes use through the internet and other information networks (Article 2) |
| Cancelling an unused registration | On application by any entity or individual (Article 49) | On application, and CNIPA may also cancel on its own (Article 57) |
| One-year block on similar marks | After a mark is cancelled, invalidated, or not renewed (Article 50) | After a registrant asks to deregister its own mark (Article 49) |

Article numbers refer to each version of the law. Translations are Ginbing's own; only the Chinese text has legal effect.

## Existing registrations stay valid

> This Law takes effect on January 1, 2027.
>
> Trademark Law (2026 revision), [Article 87](/docs/china-trademark/laws/trademark-law/2026#article-87)

> Trademarks registered before this Law takes effect remain valid.
>
> Trademark Law (2026 revision), [Article 87](/docs/china-trademark/laws/trademark-law/2026#article-87)

## Opposition: two months instead of three

An approved application is published, and others may oppose it during the publication period. The revised law shortens that period, which also shortens the time a brand owner has to spot and oppose a similar mark published by someone else.

> Within two months from the date of publication of a preliminarily approved trademark, a prior right holder or an interested party who considers that the trademark violates Articles 20 to 22, Article 23, paragraph 1, or Article 24 of this Law, or any person who considers that it violates Article 15, Article 16, paragraph 1, Articles 17 to 19, or Article 25 of this Law, may file an opposition with the trademark administration department under the State Council.
>
> Trademark Law (2026 revision), [Article 36](/docs/china-trademark/laws/trademark-law/2026#article-36)

## Filing without intent to use

The 2019 law already rejected bad-faith applications not intended for use. The revised law states the test as two conditions together and adds a penalty for the applicant.

> A trademark applied for registration without the intention to use it, and clearly in excess of the needs of normal production and business, shall not be registered.
>
> Trademark Law (2026 revision), [Article 19](/docs/china-trademark/laws/trademark-law/2026#article-19)

> Where an applicant for trademark registration commits any of the following bad-faith acts in applying for trademark registration and causes adverse effects, the department responsible for trademark enforcement shall give a warning and may also impose a fine of up to 100,000 yuan:
>
> Trademark Law (2026 revision), [Article 54](/docs/china-trademark/laws/trademark-law/2026#article-54)

The listed acts include applying in violation of Article 19. They also include knowingly applying for a prohibited sign, and intentionally applying in violation of Article 21, 22, or 24, which protect well-known marks, marks of a principal or business contact, and prior rights.

Article 24 also changes wording. The 2019 law barred pre-empting a used mark with some influence "by unfair means". The revised law bars doing so "knowingly".

## The agency rule

> A foreign person, foreign enterprise, or other foreign organization without a habitual residence or business establishment in China that applies for trademark registration or handles other trademark matters in China shall appoint a legally established trademark agency.
>
> Trademark Law (2026 revision), [Article 11](/docs/china-trademark/laws/trademark-law/2026#article-11)

The practical test for most overseas companies does not change: the 2019 Implementing Regulations already defined the rule by habitual residence and place of business. The revised law puts that test in the statute and names other foreign organizations. See [the agency requirement](/docs/china-trademark/local-agent-requirement).

## Motion marks and online use

Article 14 adds motion signs to what can be registered. Article 18 extends the bar on purely functional features from three-dimensional shapes to color combinations, sounds, and motion signs.

> Use of a trademark under the preceding paragraph includes use carried out through the internet and other information networks.
>
> Trademark Law (2026 revision), [Article 2](/docs/china-trademark/laws/trademark-law/2026#article-2)

## Non-use: CNIPA may act on its own

Any entity or individual can still apply to cancel a registration not used for three consecutive years without a valid reason. The revised law adds a power for CNIPA itself, and says CNIPA will set the specific measures.

> Where a registered trademark falls under a circumstance specified in the preceding paragraph, the trademark administration department under the State Council may cancel the registered trademark. Specific measures are prescribed by the department.
>
> Trademark Law (2026 revision), [Article 57](/docs/china-trademark/laws/trademark-law/2026#article-57)

CNIPA's current guides explain [how a non-use application works](/docs/china-trademark/cnipa-guide-non-use-cancellation) and [what evidence of use it accepts](/docs/china-trademark/cnipa-guide-use-evidence). They were written under the 2019 law.

## What stays the same

- CNIPA has nine months to examine an application: Article 28 of the 2019 law, Article 32 of the revised law.
- A registration lasts ten years: Article 39 of the 2019 law, Article 43 of the revised law.
- Renewal runs through the 12 months before expiry and a six-month grace period: Article 40 of the 2019 law, Article 44 of the revised law.
- Foreign-filing and exhibition priority run for six months, with three months to submit the documents: Articles 25 and 26 of the 2019 law, Articles 29 and 30 of the revised law.
- A refusal can be taken to review within 15 days, and to court within 30 days of the review decision: Article 34 of the 2019 law, Article 37 of the revised law.
- First to file: the earlier application is published when two applicants seek identical or similar marks: Article 31 of the 2019 law, Article 35 of the revised law.

## What is not settled yet

The law itself says only that existing registrations remain valid. It does not say how it applies to an application filed before January 1, 2027 and still pending after that date.

CNIPA released draft transition measures and draft examination guidelines on September 28, 2026, with comments due by November 12, 2026, and the revised Implementing Regulations have not been published. Ginbing has not read the drafts. A [Bird & Bird summary](https://conventuslaw.com/report/chinas-new-trademark-law-how-cnipa-plans-to-examine-marks-from-2027/) reports that they would provide the following, all of which may change:

- Applications and reviews CNIPA decides on or after January 1, 2027 would follow the new law.
- The two-month opposition period would apply to marks CNIPA preliminarily publishes on or after January 1, 2027. A Madrid registration would depend on the date WIPO published it.
- Article 19 would be read as two separate requirements. It would not apply to defensive filings, or to a reasonable number of filings for business the owner realistically expects to carry on, but CNIPA could ask an applicant to explain its filings.
- CNIPA's power to cancel an unused registration on its own would extend to marks registered before 2027.
- In a non-use case, online use would count, such as online shop pages and electronic invoices, but isolated items of evidence would not usually be enough.

This page describes the statute and reports those drafts. It is not legal advice on a particular mark or filing.

## Related pages

- [The full 2026 Trademark Law in English](/docs/china-trademark/laws/trademark-law/2026)
- [First to file in China](/docs/china-trademark/first-to-file)
- [What happens after you file](/docs/china-trademark/after-you-file)