China’s New Trademark Law: Understanding the Changing Trademark Landscape
China’s trademark system is entering a significant new phase.
On June 26, 2026, China adopted a comprehensive revision of its Trademark Law, with the amended law scheduled to take effect on January 1, 2027. The revision represents the first comprehensive overhaul of the Trademark Law since its adoption in 1983.
For companies doing business—or planning to do business—in China, the changes are important. They address several longstanding issues within China’s trademark system, including bad-faith filings, unused registrations, examination procedures, enforcement, and trademark portfolio management.
A Crowded Trademark Landscape
China has one of the world’s largest trademark systems. By the end of 2025, the Chinese mainland had more than 49.8 million valid registered trademarks.
That volume creates a particularly complex environment for brand owners.
A company entering the Chinese market may discover that its brand name or a confusingly similar name—has already been registered by another party. In some cases, the registration may belong to a business with no legitimate connection to the brand.
This can create significant challenges for companies seeking to:
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Enter the Chinese market;
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Launch new products;
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Expand existing brands;
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Register trademarks;
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Enforce trademark rights; or
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Protect their brands from third-party registrations.
The Problem of Bad-Faith Filings
One of the issues addressed by the new law is bad-faith trademark registration.
Bad-faith filings can occur when individuals or businesses seek trademark registrations without a legitimate intention to use the marks or seek registrations that exceed their legitimate business needs.
For international companies, this can be particularly problematic.
A third party may register a brand before the legitimate brand owner enters the Chinese market. The resulting registration can then create an obstacle when the legitimate brand owner later attempts to establish or expand its business in China.
The revised law places greater emphasis on legitimate commercial needs and actual use of trademarks and provides additional mechanisms to address certain bad-faith conduct.
Registered Does Not Always Mean Used
Another important issue is the existence of trademarks that are registered but not genuinely used.
Trademark systems generally seek to balance the benefits of registration with the need to keep trademark registers meaningful and available for legitimate businesses.
The revised Chinese law strengthens the connection between trademark registration and legitimate use.
This means businesses should think beyond simply obtaining registrations. They should also consider whether their trademark portfolio accurately reflects their current and anticipated commercial activities.
A Comprehensive Reform
The revised law expands China’s Trademark Law from 8 chapters and 73 articles to 9 chapters and 87 articles.
The changes address multiple aspects of the trademark system, including:
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What types of marks may be registered;
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Examination of trademark applications;
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Bad-faith applications;
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Trademark opposition;
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Suspension of proceedings;
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Administrative penalties;
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Well-known trademark protection;
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Legitimate trademark use; and
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Responsibilities of trademark agencies.
The result is a broader framework designed to address both the registration and enforcement sides of trademark protection.
Why This Matters to International Brand Owners
For companies with global trademark portfolios, China should not be viewed as a “file it and forget it” jurisdiction.
The new law makes proactive trademark management increasingly important.
Businesses should consider whether they have:
- A filing strategy: Are the company’s key brands protected in China before entering the market?
- A monitoring strategy: Is the company identifying potentially conflicting applications early enough to take action?
- A use strategy: Can the company demonstrate legitimate commercial use of its registered marks?
- An enforcement strategy: Does the company have a plan for addressing potentially conflicting third-party applications and registrations?
These questions are particularly important as the January 1, 2027 effective date approaches.