China Trademark Law Amendment 2026: Key Changes for Foreign Brands

The 2026 Trademark Law amendment in China is set to reshape how foreign brands protect and manage their IP, introducing stricter, evidence-based scrutiny across the trademark lifecycle. If passed in its current form, businesses will need to prioritize portfolio discipline, use documentation, and proactive enforcement to secure and defend their market position.

For foreign brands operating in or entering China, 2026 is a pivotal year for trademark strategy. The fifth amendment to the country’s Trademark Law (hereinafter, the “Trademark Law amendment”) cleared the State Council in November 2025 and has been moving through the National People’s Congress.

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In general, these changes are creating a more evidence-driven trademark environment, where portfolio discipline, use records, agent oversight, and active monitoring now determine how defensible a brand’s China position will be. This guide explains what is changing, where the main commercial risks sit, and which actions foreign brand owners should take within the next 90 days to prepare for the amended law.

China’s Trademark Law amendment legislative timeline

• November 14, 2025: The State Council discussed and passed in principle the revised draft of the Trademark Law, and decided to submit it to the NPC Standing Committee for deliberation.
• December 26, 2025: The fifth amendment to the Trademark Law was published for public consultation.
• December 27, 2025 – February 9, 2026: Public consultation period.
• Final adoption: No timing confirmed yet. China’s 2026 Legislative Work Plan does not include the Trademark Law amendment, which some observers note could affect the timing of formal promulgation

What is changing?

The draft expands protection for non-traditional marks, introduces a one-year filing embargo on cancelled trademarks, strengthens rules against bad-faith filings, and increases penalties for trademark agents who facilitate abusive applications. The result is more demanding for foreign brand owners, but it also creates new opportunities.

Why the amendment matters to foreign brands

The 2026 amendment is not simply a tougher compliance regime for foreign companies. It reflects a broader shift in how China is trying to clean up trademark abuse, strengthen legitimate rights, and modernize brand protection. For foreign brand owners, the changes create both higher expectations and more effective enforcement tools, depending on how prepared the business is before entering or expanding in China.

First-to-file remains, but enforcement is shifting toward good-faith owners

China remains a first-to-file jurisdiction, and that will not change. What is evolving, however, is the treatment of bad-faith filings. The amendment strengthens the ability of authorities to refuse applications that are not intended for genuine use or that clearly exceed normal business needs, targeting large-scale trademark squatting earlier in the process. It also makes it harder for opportunistic partners or agents to preempt legitimate brand owners through misuse of relationships.

For foreign brands, the implications are increasingly evidence-driven. Companies that file early, retain ownership centrally, and manage distribution through licensing rather than assignment are now in a stronger position to enforce their rights. Those with documented use history, market presence, and a clean portfolio can act more quickly and effectively against squatters. By contrast, brands that delay registration may still face difficulties proving prior use, reputation, or legitimate commercial interest, limiting their ability to benefit from these enhanced protections.

New protections may benefit global brands with distinctive assets

For the first time, movement, sound, color, position, and hologram marks are explicitly registrable, creating new opportunities for multinational companies with established global branding systems. Businesses in consumer products, luxury goods, automotive, entertainment, technology, and retail sectors may gain broader tools to protect distinctive brand elements that previously fell outside traditional word and logo registrations.

Brand management and monitoring become more operationally important

The reduction of the opposition period from three months to two months means companies will have less time to detect and respond to problematic filings. Businesses that rely on occasional portfolio reviews may miss critical deadlines entirely. Regular trademark monitoring, faster internal escalation procedures, and coordinated China filing strategies will increasingly become operational necessities rather than optional legal safeguards.

But the same amendment strengthens CNIPA’s ability to proactively cancel generic or misleading marks and introduces a one-year embargo preventing third parties from re-filing on cancelled marks.

Over time, this should reduce the volume of problematic applications reaching publication. The brands that benefit most will be those with monthly monitoring in place to act within the compressed window when it matters.

Genuine commercial use will carry greater weight

The amendment raises the evidentiary bar for genuine use, which creates real exposure for brands holding registrations without current commercial activity. But it also gives legitimate owners a sharper instrument to cancel squatted marks that have never been used commercially. That is to say, brands with clean, actively used portfolios gain an offensive tool and brands with dormant registrations face a new vulnerability.

See also: Standard Use of Trademarks in China: Compliance Requirements and Legal Risks

Conclusion

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The core message throughout is that the amendment does not create new risks so much as it removes the buffer that previously existed around predictable ones. Foreign brands with disciplined portfolios, current use records, and active monitoring will find the new regime more protective. Those without that discipline will find it significantly less forgiving.

Portfolio audits, agent due diligence, use-evidence hygiene, and active monitoring are the four pillars. Brands that build these into their China operations now will be in a strong position if the Trademark Law amendment gets passed in its current form.

With over three decades of experience, Dezan Shira and Associates is a leading intellectual property service provider in China and broader Asia, offering a deep understanding of IP registration, trademark protection, and market entry consulting. Our dedicated advisors help businesses manage IP risk services, safeguard innovations, and maximize the value of their intangible assets.

Monica Li

Manager

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