On June 26, 2026, China's legislature passed amendments to the PRC Trademark Law which take effect January 1, 2027. The changes reflect China's continued focus on trying to stem the tide of fraudulent filings. Some of the most important changes for brand owners are: (i) shorter opposition period (from three to two months); (ii) new grounds to oppose or seek to invalidate bad-faith filings; (iii) introduction of motion marks; (iv) administrative fines for malicious trademark filings and misleading use of registered trademarks; (v) developments that may increase risks for defensive or unused registrations; and (vi) sua sponte revocation of generic or dormant marks.
Much of the revised law codifies existing policies and practices, but it does provide stronger mechanisms to combat bad faith filings and trademark squatting, and it highlights China's increasing emphasis on making sure registered trademarks are actually in use (not just defensive or speculative).
It will be interesting to see if these changes translate to noticeable differences when filing or enforcing in China, but the changes are at least pointing in the right direction.


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