New China Trademark Law 2027: The 7-Point Compliance Checklist Every Foreign Brand Needs Before January 1

China's revised Trademark Law takes effect on January 1, 2027 -- less than three months away. It changes rules that affect every registered trademark in the country, including the marks foreign brands already own.

This is not a routine update. The 2026 revision is the first comprehensive overhaul of the Trademark Law since it came into force in 1983. It was adopted on June 26, 2026, at the 23rd session of the Standing Committee of the 14th National People's Congress. The direction of travel is a shift away from a system that rewards registration toward one that rewards actual use.

The practical question for a foreign brand owner is not what the law says. It is what to do before January 1. This checklist answers that question in seven points.

Quick answer: China's revised Trademark Law takes effect January 1, 2027. It shortens the opposition window from three months to two, lets CNIPA cancel unused marks on its own initiative, treats online use as statutory use, and penalizes misleading use of registered marks. Existing registrations stay valid, but the compliance burden rises. Foreign brand owners should complete seven actions before the deadline.

What Changed, in One Paragraph

The 2026 revision adds a dedicated chapter on the conditions for trademark registration, tightens the rules against bad-faith and hoarding filings, strengthens the use requirement, and expands what can be registered -- including dynamic marks. It also raises the stakes for trademark owners who register but do not use. The changes run through the whole lifecycle: filing, examination, opposition, maintenance, enforcement, and cancellation.

For the wider picture, see the eight key changes in China's 2027 Trademark Law.

The 7-Point Compliance Checklist

1. Re-time your opposition watch to the new two-month window

Under the current law, a third party has three months from publication to oppose a trademark application. Under the revised law, that window shrinks to two months (Article 36). The clock still runs from the date of the preliminary publication.

Why it matters: there is less time to detect a conflicting application, assess it, and file an opposition. A watch service calibrated to a three-month window will now miss filings it used to catch. If a brand relies on manual or periodic review, a two-month window is where filings slip through. Re-set the watch cadence, and make sure alerts reach someone with authority to act, not just a shared inbox. For the mechanics, see Logo China Pro's 2027 opposition playbook.

2. Build a use-evidence file -- and make sure it points at the Chinese public

The revised law makes two related moves. First, Article 2 now states explicitly that use of a mark includes use carried out through the internet and other information networks. Digital use -- e-commerce listings, social media, online advertising -- is now statutory use, not a matter of interpretation. Second, Article 78 allows an accused infringer to argue that the trademark owner has not used the mark. If the owner cannot show actual use in the three years before the infringement, the defendant is not liable for damages.

Together, these provisions make a documented use file essential. The file should include contracts, invoices, logistics records, platform listings, advertising records, and social media evidence. One caution: the evidence must show use directed at the Chinese public. Material that never reached a Chinese audience does not do the job.

3. Prepare for ex officio non-use cancellation

Until now, cancelling a registered mark for non-use required a third party to file the request. The revised law changes that. Article 57 keeps the existing mechanism -- any entity or individual may apply to cancel a mark that has not been used for three consecutive years without a justified reason -- and adds a second one: CNIPA may revoke such a mark on its own initiative.

This is the single most important operational change for brand owners with defensive or placeholder registrations. A mark registered but not used is no longer just vulnerable to a competitor's cancellation request. It can be cleaned up by the office itself. The response is not to file fewer marks. It is to make sure every registered mark has genuine, documented use -- or is deliberately managed as part of a strategy. For the mechanism as it stands today, see China trademark non-use cancellation.

4. Stop filing beyond your real business

Article 19 of the revised law provides that an application filed without intent to use, and clearly beyond normal business needs, will not be registered. A second paragraph prohibits applications filed by deception or other improper means. This is the statutory anchor for China's crackdown on trademark hoarding.

For foreign brand owners, the practical risk is different from that facing domestic filers. A foreign brand building a genuine China strategy often files across multiple classes to protect a launch. That is legitimate. What is not legitimate is filing for classes or marks the brand never intends to use, purely to block others. Review the portfolio against actual and planned commercial use, and be ready to explain the link between each filing and a real business need.

5. Audit your marketing copy for misleading-use risk

Article 56 targets a practice Chinese regulators call the "scheming trademark": using a registered mark in a way that misleads the public about a product's quality, origin, or manufacturing process. The penalties are material. The enforcement authority orders correction; where illegal business volume exceeds RMB 50,000 (about USD 7,500), the fine can reach five times that volume; where there is no such volume or it is below RMB 50,000, the fine can reach RMB 250,000 (about USD 37,400). Failure to correct within the deadline can lead to revocation of the mark.

The lesson for foreign brands is to keep the line between a trademark and a product claim clear. A mark that reads like an ingredient, a certification, or a place of origin invites scrutiny. Check packaging and advertising for any wording that could be read as a misleading product claim rather than a brand identifier.

6. Plan around the one-year blackout after voluntary cancellation

Article 49 introduces a new consequence for giving up a registration. Where a registrant voluntarily cancels its own trademark, CNIPA will not approve third-party applications for identical or similar marks on identical or similar goods for one year from the publication of the cancellation.

This matters when a brand restructures its portfolio and cancels marks it no longer needs. The vacated space does not open up immediately -- to anyone, including the brand itself. If a cancellation is being considered as part of a rebranding or a portfolio cleanup, build the one-year wait into the plan rather than discovering it after the fact.

7. Confirm your existing marks carry over -- and calendar the date

Article 87 states that the revised law takes effect on January 1, 2027, and that trademarks registered before that date remain valid. Existing registrations are not cancelled by the transition. But they are subject to the new rules going forward -- including the ex officio cancellation mechanism and the heightened use requirement.

The action here is simple and easy to forget: put January 1, 2027 on the calendar as a review point, and confirm that every registered mark is supported by current use evidence and correct registration details. Marks registered under the old law will be judged under the new one.

Three More Changes Worth Knowing

The revision goes beyond the seven points above. Three further changes matter for foreign brands:

• Dynamic marks are now registrable. Article 14 adds dynamic marks to the list of registrable signs, alongside words, graphics, letters, numbers, three-dimensional marks, color combinations, and sounds. Motion logos and animated brand assets can now be filed as trademarks in their own right -- see how dynamic marks work under the 2026 law.
• Well-known status is recognized on request, not granted as a prize. Article 63 confirms that well-known status is determined only as a fact needed to decide a case, and only on the party's request. Article 64 bans the words "well-known trademark" from packaging, containers, and advertising, with a fine of up to RMB 100,000 (about USD 15,000).
• A new channel for overseas recognition. Article 69 lets CNIPA confirm that a mark is well known in China when that proof is needed in an overseas registration or a trademark case abroad -- a route built for brand owners enforcing their rights outside China.

None of these three is a filing deadline. They are, however, the parts of the revision most likely to change how a foreign brand documents and defends its name.

Current Law vs. Revised Law: A Quick Comparison

What This Means for Foreign Brand Owners

Three themes run through the revision: use over registration, enforcement over filing, and evidence over assumption.

A foreign brand with a genuine China presence is not disadvantaged by the changes. A brand that filed marks defensively, without use, is. The compliance work before January 1 is not about new filings. It is about documentation, timing, and portfolio hygiene.

For a broader walk-through of the changes, see the eight key changes in China's 2027 Trademark Law and the five actions foreign brands should take before the deadline. New to the market? Start with China trademark basics for foreign brands, then see how Logo China Pro's registration process works end to end.

Frequently Asked Questions

1. When does the new China Trademark Law take effect?

January 1, 2027. The revision was adopted on June 26, 2026 and is the first comprehensive overhaul of the Trademark Law since 1983. Article 87 sets the effective date and confirms that trademarks registered before that date remain valid.

2. Will existing Chinese trademarks be cancelled under the new law?

Not automatically. Article 87 preserves existing registrations. However, existing marks become subject to the new rules, including the ex officio non-use cancellation mechanism and the heightened use requirement. A registered mark with genuine, documented use is not at risk. A registered mark sitting unused may be.

3. How does the opposition period change?

It shortens from three months to two months from the date of preliminary publication (Article 36). The change is intended to speed up registration and reduce delay. For brand owners running watch services, it compresses the time available to detect and act on a conflicting filing.

4. Does online use count as trademark use in China?

Yes. Article 2 of the revised law states that use includes use through the internet and other information networks. This confirms in statute what administrative practice had already recognized -- but it also means use evidence must be directed at the Chinese public to be effective.

5. What is the penalty for using a trademark in a misleading way?

Article 56 sets a graduated penalty. Where illegal business volume exceeds RMB 50,000 (about USD 7,500), the fine can be up to five times that volume. Where there is no such volume or it is below RMB 50,000, the fine can be up to RMB 250,000 (about USD 37,400). Failure to correct within the ordered period can lead to revocation of the trademark.

6. Is there a re-filing requirement before 2027?

No. There is no blanket re-filing requirement. The work is to verify that existing registrations are supported by use evidence and that registration details are correct. In some cases -- for example, where a mark has been re-filed after a cancellation -- confirm the record points at the current registration.

The Bottom Line

January 1, 2027 is a hard deadline, and the changes reward preparation. The brands that will feel the revision are those that registered marks and stopped there. The brands that will not are those that can show real use, act inside shorter windows, and keep their portfolios matched to their actual business.

Seven points. Less than three months. The time to start is now.

Sources:

• Trademark Law of the People's Republic of China (2026 Revision) -- CNIPA official text