The New Trademark Law Takes Effect on January 1, 2027, with Supporting Rules Now Open for Public Comment: 5 Things Foreign-Related Brands Need to Do Now

Introduction

The Trademark Law (2026 Revision), adopted on June 26, 2026, will take effect on January 1, 2027. Comprising 9 chapters and 87 articles, it is the first comprehensive revision of this law since it came into force more than forty years ago in 1982. On September 28, 2026, the China National Intellectual Property Administration (CNIPA) released two accompanying regulatory documents in draft form for public comment, setting rules and procedures for implementation, with feedback due by November 12, 2026.

For foreign brands with registered trademarks, licenses, distribution, or e-commerce operations in China, the real question is not "how many articles of Chinese law have changed again," but "which few things should I act on during these 15 months." This article first clarifies the transitional rules, then highlights four high-risk changes, and finally provides a checklist of five action items.

I. First, Let's Lay Out the Timeline Clearly

• June 26, 2026: Adopted (at the 23rd Session of the Standing Committee of the 14th National People's Congress, Presidential Order No. 77);

• January 1, 2027: Takes effect; trademarks already registered before this Law takes effect shall remain valid (Article 87);

• September 28, 2026: CNIPA publicly solicits comments on two accompanying documents, with a deadline of November 12, 2026.

The two accompanying documents are the Measures for Handling Relevant Business Matters Under the Revised Trademark Law (Draft for Comment) and the Trademark Examination and Adjudication Guidelines (Draft for Comment). The former contains ten articles governing the interface between the old and new laws and supporting provisions; the latter first refines standards on examination practice issues directly related to the new Law. Both are draft documents for comment and have not yet been finalized.

II. The Most Critical Rule: Procedure First, Decision Later—New Law Applies

The transitional rule established by the draft Measures is: for applications for trademark registration, opposition, review of refusal, review of refusal of registration, change, assignment, renewal, cancellation, license recordal, and other matters filed before January 1, 2027, where CNIPA makes an administrative decision or ruling after January 1, 2027, the revised Trademark Law shall apply.

In practical terms: when the application was filed does not matter; when the decision is issued determines which law applies. Oppositions and reviews of refusal filed this year but decided next year will likely be adjudicated under the new Law.

On the other hand, the Implementing Regulations shall continue to apply until revised and implemented in accordance with the new Law, except for provisions that conflict with the new Law; from January 1, 2027, trademark matters shall still be handled procedurally under the current Implementing Regulations. In other words, substantive rules are being replaced first, and the immediate impact falls on pending cases whose "outcomes land next year."

III. Four Changes Foreign Brands Should Watch Most Closely

First, the opposition period is compressed from 3 months to 2 months. Article 36 shortens the opposition period for preliminary examination announcements. For overseas rights holders, this means announcement monitoring, internal approval, authorization chains, evidence compilation, and opposition filing must all be completed within a 2-month closed loop. The previous pace of "see the announcement, then take your time" will mean directly missing the window next year.

Second, non-use may result in ex officio cancellation. Article 57, while retaining "any entity or individual may apply for cancellation," adds that CNIPA may ex officio cancel a registered trademark that has not been used for three consecutive years without justified reasons. The risk rises significantly for those Chinese registrations made for defensive purposes against bad-faith filings or for e-commerce entry but never actually used. Those holding such registrations should establish a use evidence ledger in advance.

Third, registration does not equal free use. Article 56: Where a registered trademark is used in a manner that misleads the public, the enforcement authority shall order correction within a specified period; where the illegal business revenue is 50,000 yuan or more, a fine of up to 5 times the illegal business revenue may be imposed; where there is no business revenue or it is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed; where correction is not made within the time limit, the registered trademark shall be cancelled. The manner in which trademarks are expressed on packaging, labels, e-commerce detail pages, livestream scripts, and distributor materials all fall within scope. Article 70 also opens the door for complaints and reports.

Fourth, compliance requirements for licensing and agents become more substantive. Article 55: Where the licensee fails to perform quality guarantee obligations, the licensor has the right to terminate the trademark license contract; a trademark license that has not been recorded may not be asserted against a bona fide third party. Articles 65 to 68 extend regulation to agency practitioners: agencies and practitioners must file records, practitioners may not accept engagements on their own, may not practice simultaneously at two or more agencies, and must be responsible for business handled under their signature; agencies must clearly inform clients of circumstances where registration may be refused. Article 11 also reminds: foreign enterprises without habitual residence or business office in China must entrust a lawfully established trademark agency to handle trademark matters. Selecting and managing agents will need to be reviewed under the new Law next year.

There are also two directional positive developments. Article 24 expands "prior rights" to "prior lawful rights and interests" and tightens "bad-faith preemptive registration by improper means" to "intentional preemptive registration," reducing the burden of proof for foreign brands not registered in China but holding trade names, work titles, character names, or packaging and trade dress; Article 14 adds dynamic marks to registrable elements (excluding purely functional dynamic effects).

IV. Five Things You Can Do Right Now

One, audit your registrations. Classify your Chinese registrations into three tiers: "in use / token use / completely unused," list the latter two separately, and assess the risk of ex officio cancellation for non-use.

Two, supplement use evidence. Invoices, sales contracts, customs declarations, e-commerce pages, advertising placements, and exhibition materials—archive them by trademark and by year to form a ledger—this is the only source for responding to non-use cancellation and asserting rights.

Three, adjust your opposition rhythm. Increase the frequency of announcement monitoring, turn the "client → agent → filing" authorization chain into a template, and ensure a closed loop within 2 months.

Four, conduct a use compliance check. Review trademark expressions on packaging, labels, detail pages, livestream scripts, and distributor materials, focusing on expressions that may cause misidentification of quality, origin, or characteristics.

Five, review contracts and agents. Add quality standards and inspection rights, rectification and termination conditions to license and distribution contracts; record licenses promptly; confirm that Chinese agencies and practitioners meet the new Law's recordal and practice requirements, and keep written engagement and notification on file.

V. 14 Months Left—and a Window to Comment

The two accompanying documents are open for comment until November 12. Overseas rights holders, brand owners, and agencies can all submit comments through the methods published by CNIPA—especially on the practical impact of the compressed opposition period on cross-border procedures, the evidence standards for ex officio non-use cancellation, and the operational details of agency recordal. The rules are not yet set in stone; speaking up now is more useful than complaining next year.

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He Zigang | Intellectual Property Lawyer | Aipunajie · Mili · Najie (20 years of practice, practitioner of AI-native hybrid organization)

*This article represents the author's personal views only and does not constitute legal advice. For analysis of specific cases, please contact us.*