China's Newly Revised Trademark Law to Take Effect 1 January 2027

China has recently revised its Trademark Law, which is the fifth amendment since the law was first promulgated in 1983. On 26 June 2026, the newly revised Trademark Law of the People's Republic of China was adopted by the Standing Committee of the National People's Congress. Comprising 87 articles in 9 chapters, the new law will take effect on 1 January 2027.

Among other important changes, the revised Trademark Law recognises motion marks as registrable signs, and explicitly clarifies that trademark use includes acts implemented via the Internet and other information networks, thereby providing a clear legal basis for trademark use in online scenarios, including e‑commerce platforms, social media, short videos, and livestreaming rooms.

Regarding trademark registration, the revised Trademark Law adds a dedicated section on "Conditions for Trademark Registration", consolidating and refining the previous contents relating to the subject from various chapters, and states that "An application for trademark registration that is not intended for use and clearly exceeds the normal production and business needs shall not be registered", replacing the more subjective standard of "bad faith" with a relatively objective criterion, i.e., "clearly exceeds normal production and business needs." Also, mass trademark hoarding or trademark squatting by news jacking may now face not only rejection but also administrative penalties.

For foreign-related provisions, the revised Trademark Law introduces a new mechanism for confirming well‑known trademarks: where it is necessary in the course of trademark examination or trademark case handling abroad to prove that a mark is well‑known to the relevant public within the territory of China, the trademark administrative authority under the State Council may, upon request by the party concerned, issue a confirmation of the mark's well‑known status, thereby providing official support for brand owners' overseas rights enforcement.