China's revised Trademark Law: what actually changes for European brands on 1 January 2027

On 26 June 2026, China's legislature adopted a comprehensive revision of the Trademark Law — the first full revision in years, expanding the law from 8 chapters and 73 articles to 9 chapters and 87. It takes effect on 1 January 2027. If your brand has any footprint in China — sales, manufacturing, or even just plans to enter — this is the window to review your position. Here is what the revision changes in practice, and what it means for you.

1. The opposition window shrinks from three months to two

Article 36 of the revised law shortens the opposition period after a trademark is published from three months to two months — the first change to the opposition period since the law was enacted in 1982. This is the change European brand and IP teams will feel first.

Why it matters: the clock now starts the moment a conflicting application is published. If your internal approval chain — legal sign-off, local subsidiary, headquarters — takes a month, you are already late. The practical response is continuous monitoring rather than the occasional manual search. A conflicting mark that you spot in month two is opposable; one you spot in month four is not.

2. CNIPA can now cancel idle trademarks

The revision gives China's trademark office (CNIPA) explicit power to cancel trademarks that are not genuinely used — so-called "defensive" or "just-in-case" registrations now carry real exposure. Under the older logic, simply holding a registration was largely protective. Under the revised regime, a registration without sales, advertising or actual use evidence is something a competitor — or the office itself — can challenge.

For European owners this reframes portfolio hygiene: registrations you filed years ago "to block others" but never used may now be the weakest links. The sensible move is a use-basis review, class by class, before the new rules bite.

3. Bad-faith filing rules get sharper

The revision tightens the criteria and raises penalties for bad-faith applications — the category that captures most squatting. The signal to brand owners is consistent: the law is rewarding genuine use and punishing pure registration play. For a European brand that is the good news — it makes squatting riskier for the squatter — but it also raises the bar on your own filings being defensible.

4. A few changes worth noting (opportunities, not just risks)

• Dynamic marks are now registrable. Animated logos, opening animations and similar motion marks can be filed — relevant if you have brand assets that move.
• Electronic filings are formally recognised. The law confirms the legal effect of electronic documents, aligning with CNIPA's already-digital practice.
• Procedural suspensions are codified. A unified basis to pause a matter pending a related court or administrative case — useful in complex disputes.

What we recommend European brands do before 1 January 2027

1. Audit your China registrations for genuine-use evidence. Identify classes with no defensible use basis.
2. Stand up continuous monitoring. With a two-month window, a one-off search is no longer enough.
3. Confirm ownership of OEM/manufacturer filings. The tighter, use-focused regime makes supplier-registered marks a priority to clean up.
4. Close genuine gaps now. File the classes you actually need before the new rules take effect.

This article is general information based on the adopted 2026 revision of China's Trademark Law and is not legal advice. Specific situations should be reviewed by a qualified agent.