On 26 June 2026, the Standing Committee of the National People’s Congress adopted the fifth amendment to the Trade Mark Law of the People’s Republic of China. The revised law, expected to take effect on 1 January 2027, introduces a number of significant changes, including registrable subject matter, how bad faith is penalised and how damages are calculated.
Dynamic marks are now registrable
Animated logos, motion graphics, and other time-based visual identifiers may now be registered as trade marks in China for the first time. Brand owners whose identities include a signature animation or distinctive moving elements should assess whether a filing is appropriate before the law takes effect. Nevertheless, where the dynamic feature arises from the functional operation of the product, it will not be registrable.
The Opposition window is shorter
The period for opposing a third party’s trade mark application is reduced from three to two months from the date of preliminary publication. Brand owners operating trade mark watching programmes covering China must ensure they can identify potentially conflicting applications, gather evidence, and file submissions within this compressed timeframe. Watching programmes that are not currently quick enough should be upgraded before the end of 2026.
Bad faith applicants face direct administrative fines
A new provision allows enforcement authorities to impose fines of up to RMB 100,000 directly on applicants who file trade marks with no genuine intent to use them, intentionally infringe well-known trade mark provisions, or make applications that clearly exceed the applicant’s normal business needs. Previously, financial penalties for bad faith filing were directed primarily at trade mark agents rather than the applicants themselves. This change creates meaningful personal accountability for applicants and should constitute a significant deterrent to trade mark squatting.
Misleading trade mark use now carries administrative penalties and cancellation risk
The revised law targets trade marks that are used to mislead consumers as to the quality, ingredients, production method, or geographic origin of goods, a practice that has attracted considerable attention in China under the media label of so-called “scheming trade marks”. At the application stage, an applicant who knowingly files a deceptive or misleading mark that causes adverse effects faces a warning and a fine of up to RMB 100,000. At the use stage, a registered trade mark used in a misleading manner triggers an order to rectify, with fines of up to five times the illegal turnover where turnover exceeds RMB 50,000, or up to RMB 250,000 where turnover is low or cannot be established. Failure to rectify within the stipulated period results in revocation of the trade mark.
In Part II of this series, we shall consider some of the other amendments to the Trade Mark Law of the People’s Republic of China.