# China's New Trademark Law 2027: Key Changes for Brands and Names

> China's revised Trademark Law was adopted on June 26, 2026 and takes effect on January 1, 2027; as of October 2026 the 2019 text still applies. The new law refuses filings made without intent to use; a bad-faith filing with adverse effects brings a warning, and a fine of up to RMB 100,000 may be added; the opposition period falls from three months to two; and foreign applicants with a residence or place of business in China may file without an agency. Creators and foreign brands should check their names, including Chinese-language names, before and after the change.

- URL: https://www.mvpdata.net/en/insights/china-trademark-law-2027
- Updated: 2026-10-17
- Published: 2026-10-17
- 简体中文: https://www.mvpdata.net/insights/china-trademark-law-2027

## Key takeaways

- China's revised Trademark Law takes effect on January 1, 2027 and grows from 8 chapters and 73 articles to 9 chapters and 87; marks registered before then remain valid.
- Filings not intended for use and clearly beyond normal business needs are refused, and a bad-faith filing with adverse effects brings a warning, to which a fine of up to RMB 100,000 may be added.
- The window to oppose a published application shrinks from three months to two, so watching new filings has to get faster.
- A registered mark left unused for three consecutive years without good reason can be cancelled on anyone’s application, and CNIPA may now cancel it as well.
- Exclusive rights cover only the mark as registered: a foreign brand's English-language registration does not protect its Chinese name, which needs its own search and filing.

## When does China's revised Trademark Law take effect, and what changes?

China's revised Trademark Law takes effect on January 1, 2027;[^1] until then, the text as amended in 2019 remains the law.[^2] The Standing Committee of the National People's Congress adopted the revision on June 26, 2026. In its summary of July 10, 2026, the China National Intellectual Property Administration (CNIPA) describes it as the first comprehensive revision in more than forty years since the 1983 law took effect: the law grows from 8 chapters and 73 articles to 9 chapters and 87, with a new chapter that gathers the conditions for registration.[^3]

Nine changes bear directly on brands, celebrities and creators. They are set out in the figure and the table below.

![Table comparing China's 2019 Trademark Law with the 2026 revision: from 2027, filings without intent to use are refused, bad-faith filing fines reach RMB 100,000, and oppositions fall to two months.](https://www.mvpdata.net/figures/china-trademark-law-2027/trademark-law-old-vs-2026-revision-en.webp)

*Nine main differences between the 2019 text and the 2026 revision, with article numbers. Sources: both texts of the Trademark Law and CNIPA's summary of the main changes, read October 17, 2026.*

| Topic | 2019 text (in force to December 31, 2026) | 2026 revision (from January 1, 2027) |
|---|---|---|
| Structure | 8 chapters, 73 articles | 9 chapters, 87 articles, with a new chapter on conditions for registration |
| Filings with no intent to use | Bad-faith filings not intended for use shall be rejected (Art. 4) | Refused where not intended for use and clearly beyond normal business needs (Art. 19) |
| Penalty for bad-faith filing | Warnings, fines and other penalties according to the circumstances; no amount stated (Art. 68) | Where it has adverse effects: a warning, and a fine of up to RMB 100,000 may be added (Art. 54) |
| Opposition period | Three months from preliminary publication (Art. 33) | Two months from preliminary publication (Art. 36) |
| Three years of non-use | Anyone may apply to cancel (Art. 49) | Anyone may still apply; CNIPA may also cancel (Art. 57) |
| Well-known marks in other classes | Protection limited to marks already registered in China (Art. 13) | Registered in China or not (Art. 21) |
| Foreign applicants | Foreigners and foreign companies must use a trademark agency (Art. 18) | Only those with no habitual residence or place of business in China (Art. 11) |
| Use online | The definition of use does not mention the internet (Art. 48) | Use through the internet and other information networks counts as use (Art. 2) |
| What can be registered | Words, devices, letters, numbers, 3D signs, colour combinations, sounds (Art. 8) | Adds dynamic (motion) marks (Art. 14) |

The left column comes from the 2019 text[^2] and the right column from the 2026 revision.[^4] CNIPA's summary explains several of them: the fine moves prevention to an earlier stage of trademark administration and raises the penalty for bad-faith filing; cross-class protection of a well-known mark no longer depends on whether it is registered; and on top of anyone's right to apply for cancellation of an unused mark, CNIPA gains the power to cancel such marks on its own initiative.[^3]

## What are the penalties for trademark squatting and bad-faith filings from 2027?

From 2027, a trademark application made without intent to use and clearly beyond normal business needs is refused, and an applicant whose bad-faith filing has adverse effects receives a warning from the trademark enforcement authority, and a fine of up to RMB 100,000 may be added.[^4] The 2019 text only says that bad-faith applications are punished "with warnings, fines and other administrative penalties according to the circumstances", with no amount.[^2]

Article 54 names three kinds of bad-faith filing:[^4]

1. **Knowingly filing a prohibited sign**, such as one identical or similar to a state name or flag, one that is deceptive, or the name of an administrative area at county level or above (Articles 15 and 16(1)).
2. **Hoarding**: filing without intent to use and clearly beyond normal business needs, or filing by deception or other improper means (Article 19).
3. **Deliberate squatting**: copying, imitating or translating someone else's well-known mark; an agent or representative registering the principal's mark in its own name without authorization, or a business contact filing a mark it knows another party used first; harming someone's existing prior rights, or pre-empting a mark someone else already uses with a certain influence (Articles 21, 22 and 24).

The fine is only one layer. The filing itself can be stopped or undone: within two months of preliminary publication, anyone may oppose an application on the ground that it breaches Article 19; once registered, such a mark is to be declared invalid by CNIPA, and any other party may also request invalidation, with no time limit on that request in Article 50.[^4]

Trademark agencies are covered too. An agency that knows or should know a filing falls into these categories and accepts it anyway is fined RMB 10,000 to 100,000, or RMB 100,000 to 200,000 where the case is serious, and an agency may not file marks for itself other than for its own agency services.[^4]

## Can an unused trademark be cancelled after three years in China?

Yes. Where a registered mark has gone unused for three consecutive years without good reason, anyone may apply to cancel it, and CNIPA must decide within nine months of the application, extendable by three months in special cases; from 2027, CNIPA may also cancel such marks, under procedures it will set.[^4] CNIPA calls this cancellation on its own initiative and presents it as completing the exit mechanism for registered marks.[^3]

The revised law is also clearer on what counts as use. Article 2 covers putting a mark on goods, packaging or transaction documents, or using it in advertising, exhibitions and other commercial activities to identify and distinguish the source of goods, and it expressly includes use through the internet and other information networks.[^4] For brands and creators who sell through online stores, short video and social platforms, those records are evidence of use.

Non-use also weakens enforcement. When an owner claims damages and the other side argues the mark was never used, the court may ask for evidence of actual use in the previous three years; if the owner can show neither use nor some other loss, the alleged infringer owes no damages.[^4]

## What can a celebrity or creator do if someone registers their name as a trademark in China?

It depends on how far the filing has gone: while the application is in its publication period, file an opposition within two months; once it is registered, request invalidation within five years of registration.[^4] The legal basis is Article 24, which says an application may not harm another person's existing prior rights.[^4] The Supreme People's Court's Guiding Case No. 113 holds that the right to one's name can be such a prior right.[^5]

The same guiding case speaks directly to foreign celebrities and to creators known by a stage name:[^5]

- The Chinese rendering of a foreign person's name can be protected as a specific name under the right to one's name, if it meets the conditions.
- There are three conditions: the name has a certain reputation in China and is known to the relevant public; the public uses it to refer to that person; and a stable link has formed between the name and the person.
- Use is not a precondition: the person does not need to have used the name themselves to rely on it as a prior right.

| Where the filing stands | Procedure | Who may bring it | Time limit |
|---|---|---|---|
| Preliminarily approved and published | Opposition (Art. 36) | For harm to prior rights: the prior right holder or an interested party. For hoarding: anyone | Two months from publication |
| Registered, harms prior rights | Request for invalidation (Art. 51) | The prior right holder or an interested party | Five years from registration; no limit for the owner of a well-known mark registered in bad faith by another |
| Registered, a hoarding case | Invalidation (Art. 50) | CNIPA on its own, or at the request of any other party | No time limit stated |
| Registered but unused for three consecutive years | Application to cancel (Art. 57) | Anyone | Decision within nine months, extendable by three |

The procedures and periods in the table come from the 2026 revision.[^4] A filer who deliberately breaches Article 24 and causes adverse effects also risks the warning and fine under Article 54.[^4]

Where to register your own name, stage name or logo, and through which channels, is covered under [trademark registration for names](https://www.mvpdata.net/en/services/protection#registration). Other risks for public figures are on the pages for [celebrities](https://www.mvpdata.net/en/ip/celebrities) and [influencers](https://www.mvpdata.net/en/ip/influencers).

## Does a foreign brand need a Chinese-language trademark in China?

A foreign brand that uses a Chinese name in China needs to register that name on its own: exclusive rights are limited to the mark as registered and the goods it is approved for.[^4] An English-language registration in China does not extend to the Chinese name. The Trademark Law itself leaves the choice of a Chinese name to the brand; once one is adopted and used in China, it needs its own search and filing as a separate sign.

Filing early matters because China is first-to-file: where two or more applicants seek identical or similar marks for the same or similar goods, the earlier application is approved and published; on the same day, the mark used first wins.[^4] If someone else files your Chinese name first, the provisions you can rely on all require proof:

- **Well-known marks**: a mark that copies, imitates or translates someone else's well-known mark and is likely to cause confusion or mislead the public is refused and its use prohibited; from 2027, protection in other classes no longer requires the well-known mark to be registered in China (Article 21).
- **Agents and business partners**: you can oppose an agent or representative that registers your mark in its own name without authorization, or a party with a contract or business dealings with you that knew of your earlier, unregistered mark (Article 22).
- **Prior use with influence**: no one may deliberately pre-empt a mark that someone else already uses with a certain influence (Article 24).

These three provisions are in the 2026 revision.[^4] The Chinese name also matters for advertising in China: on Ocean Engine (巨量引擎), when ad creative shows a trademark, the advertiser has to supply the trademark registration certificate or the notice that the application has been accepted.[^6]

![Six steps for a foreign brand registering a Chinese-language trademark: choose the name, search earlier marks, pick classes, file via an agency or Madrid, two-month opposition, then use and keep evidence.](https://www.mvpdata.net/figures/china-trademark-law-2027/foreign-brand-chinese-trademark-path-en.webp)

*A foreign brand's route to a Chinese-language trademark under the revised law, with the article for each step. Sources: the 2026 text of the Trademark Law and WIPO's Madrid Protocol list, read October 17, 2026.*

| Step | What to do | Basis |
|---|---|---|
| 1 Choose the name | Settle the Chinese name to register, by sound, by meaning or both; an English-language registration does not extend to it | Art. 71 |
| 2 Search | Check the CNIPA database for identical or similar earlier marks on the same or similar goods | Art. 20 |
| 3 Classes | List the goods by the classification table; one application may cover several classes | Art. 26 |
| 4 Route | With no habitual residence or place of business in China, use a licensed trademark agency; or designate China through the Madrid System | Arts. 11 and 12 |
| 5 Examination and opposition | Examined within nine months; two-month opposition window after preliminary publication; registration lasts ten years | Arts. 32, 36 and 43 |
| 6 Use and watch | Use online counts as use; three consecutive years of non-use can lead to cancellation | Arts. 2 and 57 |

The article numbers come from the 2026 revision.[^4] Searches run on the trademark search system of the China Trademark Office.[^7] An application can be filed through the online trademark filing system, at a filing window, or through a trademark agency on record with CNIPA.[^8] The Madrid Protocol has been in force for China since December 1, 1995, for the United States since November 2, 2003, and for Canada since June 17, 2019.[^9] A brand that files the same mark for the same goods in China within six months of its first filing abroad can claim priority,[^4] but priority covers only that same mark: if the home filing was for the English name alone, the Chinese name is not part of it.

## What should brands and creators check before and after January 1, 2027?

Audit and file before the law takes effect, then watch to the new deadlines afterwards. Article 87 of the revised law sets the effective date and says that marks registered before it remain valid;[^4] it does not say how applications and oppositions filed in 2026 and still pending in 2027 move across, so watch for CNIPA's implementing measures.

![Timeline of China's new Trademark Law: adopted June 26, 2026, in force January 1, 2027, then a two-month opposition window, five years to seek invalidation and three years before non-use cancellation.](https://www.mvpdata.net/figures/china-trademark-law-2027/trademark-law-2027-timeline-en.webp)

*Dates from adoption to entry into force, and three statutory periods that apply afterwards. Sources: Presidential Order No. 77, the 2026 text of the Trademark Law and CNIPA’s summary of the main changes, read October 17, 2026.*

| When | Event or period | Basis |
|---|---|---|
| June 26, 2026 | Revision adopted; Presidential Order No. 77 promulgates it | Presidential Order No. 77 |
| July 10, 2026 | CNIPA publishes its summary of the main changes | CNIPA |
| Through 2026 | The 2019 text still applies | 2019 text |
| January 1, 2027 | The revised law takes effect; marks registered earlier remain valid | Art. 87 |
| Two months after preliminary publication | Opposition window | Art. 36 |
| Five years from registration | Invalidation on the basis of prior rights | Art. 51 |
| Three consecutive years of non-use | Anyone may apply to cancel, and CNIPA may cancel | Art. 57 |

The dates come from the presidential order[^1] and CNIPA's summary,[^3] and the periods from the 2026 revision.[^4] A practical order of checks:

- **Before January 1, 2027**: search the China Trademark Office database for filings identical or similar to your name, stage name, English brand name and Chinese name;[^7] file the Chinese name if you have not; gather evidence of use for the marks you hold, online use included.
- **From January 1, 2027**: the opposition window is two months, so check new publications more often; for marks you hold but do not use, either put them to use and keep records, or decide whether you still need them.
- **Over the long term**: a registration lasts ten years and is renewed in the twelve months before expiry, with a six-month grace period.[^4]

## Which common claims about China's new trademark law are out of date?

Three claims based on the 2019 text are wrong from 2027: that the opposition period is three months, that every foreign company must file through an agent, and that a well-known mark is protected in other classes only if registered in China. The table lists these three and four more, each checked against the original texts on October 17, 2026.

| Common claim | What the text says | Source |
|---|---|---|
| China's new Trademark Law is already in force | It takes effect on January 1, 2027; the 2019 text applies through 2026 | Presidential Order No. 77; Art. 87 |
| Squatters are always fined RMB 100,000 | A warning where there are adverse effects, and a fine "of up to" RMB 100,000 "may" be added, for three kinds of conduct | Art. 54 |
| Every foreign company must file in China through an agent | Only applicants with no habitual residence or place of business in China | Art. 11 |
| You have three months to oppose a published application | Two months | Art. 36 |
| A well-known mark is protected in other classes only if registered in China | Registration in China is no longer the dividing line | Art. 21 |
| Existing registrations must be filed again under the new law | Marks registered before the law takes effect remain valid | Art. 87 |
| An unused mark is cancelled only if someone applies | CNIPA may also cancel it | Art. 57 |

The texts in the table come from the 2026 revision,[^4] Presidential Order No. 77[^1] and CNIPA's summary,[^3] and the earlier rules from the 2019 text.[^2] This article summarizes public rules and is not legal advice; for a specific filing, opposition or invalidation, consult a lawyer or a trademark agency on record with CNIPA.

## How does MVP help brands and public figures protect their names?

MVP monitors impersonation, collects evidence and files platform complaints for celebrities, influencers and entrepreneurs, and runs Chinese-language PR and advertising for foreign brands entering China. Trademark applications are filed by the brand or the person themselves, or through a trademark agency on record with CNIPA;[^8] for oppositions, invalidations or lawsuits, MVP works with outside law firms and prepares the evidence, and does not give legal opinions.

- **Reputation and risk**: for impostor accounts and counterfeit selling, MVP gathers evidence, sends infringement notices to the platform and follows them up. See [reputation and risk](https://www.mvpdata.net/en/services/protection).
- **China market entry**: Chinese press releases, advertising on Chinese platforms and running official Chinese accounts, with the product category and required documents checked before any campaign. See [China entry PR and social ads](https://www.mvpdata.net/en/brands/china-entry).

MVP (Mega Volume Production, 十方众声) is headquartered in Toronto and contracts through two companies, 北京十方众声传媒有限公司 and Mega Volume Production Inc.; it builds talent IP and runs cross-border brand marketing. To talk through names and Chinese trademarks, [contact MVP](https://www.mvpdata.net/en/contact).

## Questions

### Do trademarks registered before 2027 need to be filed again under the new law?

No. Article 87 of the revised law says marks registered before it takes effect remain valid. A registration lasts ten years; renewal is filed in the twelve months before expiry, with a six-month grace period after that.[^4]

### Does a foreign company need a Chinese trademark agent to file in China?

From 2027 it depends on presence in China: a foreign applicant with no habitual residence or place of business there must use a licensed trademark agency, and one with either may file itself.[^4] The 2019 text, in force through 2026, requires all foreigners and foreign companies to use an agency.[^2]

### Does selling online or posting on social media count as trademark use in China?

Yes. Article 2 of the revised law defines use as using a mark to identify and distinguish the source of goods, and states that this includes use through the internet and other information networks.[^4] Online records can serve as evidence against a non-use cancellation.

### Can a trademark agency be fined for filing squatted marks for a client?

Yes. An agency that knows or should know a filing is a hoarding or squatting case and accepts it anyway is ordered to correct and fined RMB 10,000 to 100,000, or RMB 100,000 to 200,000 where the case is serious.[^4]

## Related reading

- [Celebrity reputation management and risk protection](https://www.mvpdata.net/en/services/protection): MVP (Mega Volume Production, 十方众声) provides celebrity reputation management and crisis response for celebrities, creators, founders and companies. It watches for risks, and when something goes wrong it checks the facts, prepares the response, reports false or infringing content and helps repair the damage. Public statements go out in your name, never MVP's. Long-term work includes monitoring and crisis response; a single incident can be a one-off project.
- [China entry: PR and social media ads for foreign brands](https://www.mvpdata.net/en/brands/china-entry): MVP (Mega Volume Production, 十方众声) helps foreign brands enter China. It distributes Chinese-language press releases and works with the media, runs ads on Douyin, Xiaohongshu (RedNote), WeChat and Channels, Weibo, Bilibili, Kuaishou and Baidu, sets up and runs official Chinese accounts, and connects brands with Chinese creators. One team runs all four, in ad accounts opened in MVP's name, with reach and ROI targets written into the contract.
- [Celebrity management company for social media and digital presence](https://www.mvpdata.net/en/ip/celebrities): MVP (Mega Volume Production, 十方众声) is a celebrity management company for the social media side of a career: it runs the accounts of actors, musicians, athletes and hosts, builds their public image and commercial value beyond their work, and looks after account security and bad press. A dedicated team works as a service partner alongside the agent, manager and assistants, and the accounts stay in the celebrity's name.
- [Influencer management agency for established creators](https://www.mvpdata.net/en/ip/influencers): MVP (Mega Volume Production, 十方众声) is an influencer management agency for established creators with steady content and brand deals. It negotiates deals, runs accounts across platforms, plans changes of direction and handles impersonation, abuse and contract risk. A dedicated in-house team looks after each creator; MVP takes an agreed share of income earned, shows every item of income and cost, and the accounts stay in the creator's name.

[^1]: 《中华人民共和国主席令（第七十七号）》 (Order of the President of the People’s Republic of China No. 77), China National Intellectual Property Administration, 主席令第七十七号. Effective 2027-01-01. https://www.cnipa.gov.cn/art/2026/6/26/art_3685_206934.html (Checked 2026-10-17, Unofficial translation)
[^2]: 《中华人民共和国商标法（2019年修正）》 (Trademark Law of the People’s Republic of China (as amended in 2019)), China National Intellectual Property Administration. https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html (Checked 2026-10-17, Unofficial translation)
[^3]: 《中华人民共和国商标法》修订主要内容 (Main changes in the revision of the Trademark Law of the People’s Republic of China), China National Intellectual Property Administration. Published 2026-07-10. https://www.cnipa.gov.cn/art/2026/7/10/art_3686_207146.html (Checked 2026-10-17, Unofficial translation)
[^4]: 《中华人民共和国商标法》 (Trademark Law of the People’s Republic of China (revised 2026)), China National Intellectual Property Administration. Effective 2027-01-01. https://www.cnipa.gov.cn/art/2026/6/26/art_3685_206939.html (Checked 2026-10-17, Unofficial translation)
[^5]: 《指导案例113号：迈克尔·杰弗里·乔丹与国家工商行政管理总局商标评审委员会、乔丹体育股份有限公司“乔丹”商标争议行政纠纷案》 (Guiding Case No. 113 (a trademark dispute over a person’s name)), Supreme People’s Court, 指导案例 113 号. Published 2019-12-24. https://www.court.gov.cn/shenpan/xiangqing/216751.html (Checked 2026-10-17, Unofficial translation)
[^6]: 《在巨量引擎开户需要哪些流程？》 (What does it take to open an Ocean Engine account?), Ocean Engine. https://www.oceanengine.com/help/kaihu-liucheng (Checked 2026-10-17, Unofficial translation)
[^7]: 中国商标网：商标查询 (China Trademark Office: trademark search), Trademark Office, China National Intellectual Property Administration. https://sbj.cnipa.gov.cn/sbcx/ (Unofficial translation, May be unavailable outside China)
[^8]: 《国家知识产权局留言答复》 (Reply from the China National Intellectual Property Administration), China National Intellectual Property Administration. Published 2025-02-28. https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?transactId=487515&sysid=13 (Checked 2026-09-30, Unofficial translation)
[^9]: Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks: Contracting Parties, World Intellectual Property Organization (WIPO Lex). https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=8 (Checked 2026-09-30)