On June 26, the 23rd Session of the Standing Committee of the 14th National People's Congress adopted the newly revised Trademark Law of the People's Republic of China, this marks the first comprehensive revision of the Trademark Law since its enactment in 1983, over forty years ago. The articles have been adjusted from 8 chapters and 73 articles to 9 chapters and 87 articles, bringing significant changes to the structural framework and further enrichment of the provisions. The key revisions are summarized as follows.

1. The overall requirements for trademark work have been improved.

First, it is clarified that trademarks referred to in this Law mean signs used to identify and distinguish the source of goods or services, including goods trademarks and service marks. Second, the division of responsibilities among relevant departments are defined. Third, the trademark administrative department of the State Council is requested to strengthen the development of an informatized and intelligent public service system for trademarks, enhance the convenience of trademark-related procedures, publish trademark information in a complete, accurate, and timely manner, and improve the level of trademark information services and management.

2. Requirements for trademark registration have been improved.

This revision adds a dedicated chapter (Chapter II) to centrally set forth the conditions for trademark registration, refining the specific requirements for trademark registration to offer market entities accurate understanding and compliance with the relevant provisions. For one thing, it further expands the categories of registrable trademark elements, adds provisions that dynamic marks and combinations thereof with other relevant elements may be applied for registration as trademarks. For another, it further strictly regulates the conditions for trademark registration. First, it is clarified that signs that are identical with or similar to landmark elements related to important theoretical achievements or historical events of the Communist Party of China shall not be used or registered as trademarks (Article 15)；Second, it stipulates where a color combination, sound, motion mark, etc. is applied for registration as a trademark, the shape, color combination, sound, motion effect, etc. that is inherent to the nature of the goods themselves, or that is necessary to achieve a technical effect, or that gives substantial value to the goods, shall not be registered as a trademark (Article 18). Third, it is regulated that no trademark registration shall be granted if the application is filed without intent to use and obviously exceeds the normal demands of production and business operation (Article 19).

3. The systems related to well-known trademarks have been improved.

First, protection for well-known trademarks have been strengthened, the scope of that expanding from prohibiting preemptive registration of another party's well-known trademark already-registered in China for dissimilar or unrelated goods to cover all preemptive registration attempts regardless of whether the well-known trademark is registered in China or not, thereby no longer differentiating cross-class protection of well-known trademarks based on their registration status (Article 21). Second, the statement of making a "recognition" of a trademark's well-known status has been amended to making a "confirmation" so as to curb the phenomenon of excessive pursuit of "recognition" as a well-known trademark, and a provision, that the trademark administrative department of the State Council during investigation or handling of cases, or the People's Court designated by the Supreme People's Court during the adjudication of unfair competition cases, may make a "confirmation" of a trademark's well-known status(Article 63), has been added. Third, in response to the phenomenon of Chinese enterprises' trademarks being preemptively registered abroad, and strengthen the protection of the legitimate overseas rights and interests of Chinese enterprises, a provision that where, during the examination and adjudication of overseas trademark registration applications or the handling of trademark cases, if it is necessary to prove that a trademark is well known to the relevant public within China, upon the request of the parties concerned, the trademark administrative department of the State Council may, in accordance with relevant provisions, make a confirmation of the trademark's well-known status(Article 69), has been added.

4. Trademark administration has been strengthened.

 First, there will be more strict control over the examination and registration. Second, "deceptive trademarks” will be strictly regulated. Where a registered trademark is used in a manner that misleads the public, the department responsible for trademark law enforcement shall order correction within a time limit. Third, solution to the problem of trademarks that are "registered but not used" will be promoted, stipulating that where a trademark registration applicant violates the provision that “trademark registration application is filed without intent to use and obviously exceeds the normal demands of production and business operation” and such conduct causes adverse effects, the authorities responsible for trademark enforcement may issue a warning and impose a fine of up to RMB 100,000.

5. The supervision and administration for trademark agencies and their practitioners are strengthened.

6. Measures for the protection of the exclusive right to use registered trademarks has been improved.

First, the mechanism for coordination between administrative and criminal enforcement in trademark cases are refined. Second, trademark enforcement measures are improved. Third, the amount of compensation for infringement of the exclusive right to use a registered trademark shall include reasonable expenses incurred by the right holder to stop the infringing act (Article 77). Fourth, it is clarified where a trademark lawsuit is brought by means of malicious collusion, unilateral fabrication of basic facts, etc., the people’s court shall impose sanctions in accordance with law; if losses are caused to the other party, civil liability shall be borne in accordance with law (Article 81).

From CNIPA

July 10th, 2026