China has adopted a comprehensive revision of its Trade Mark Law, introducing significant changes to the registration, use and enforcement of trade marks in the country.

Adopted on 26 June 2026, the revised law will take effect on 01 January 2027. It is the fifth amendment to the legislation since 1983, but the first to constitute a full revision of the law.

Key changes introduced by the revised law include:

• Motion marks become registrable, expanding the categories of signs capable of trade mark protection.
• Stronger controls on non-use-based applications will apply. Applications may be refused where there is no intention to use the mark and the filing clearly exceeds normal business needs.
• Protection for well-known marks is strengthened, including expanded protection for unregistered well-known marks in relation to non-similar goods or services.
• The opposition period for third parties to oppose the registration of a mark upon publication will be reduced from three months to two months, requiring rights holders to identify and respond to potentially conflicting applications more quickly.
• The existing one-year waiting period will be removed in certain circumstances where an earlier mark has ceased to exist through invalidation, cancellation or non-renewal. The waiting period will, however, continue to apply where the earlier mark was voluntarily cancelled by its owner.
• Trade mark use will face greater regulatory scrutiny, with authorities empowered to cancel marks proactively where they have become generic or have not been used for three consecutive years.
• Bad-faith filing conduct will be more specifically regulated, with prescribed penalties for certain forms of misconduct.
• Enforcement powers will be strengthened, including broader access to electronic data and other evidence, evidence-preservation measures and closer coordination between administrative and criminal enforcement authorities.

The revised law therefore places considerably greater emphasis on genuine trade mark use and the regulation of conduct throughout the life of a trade mark, from application and examination through to enforcement.

Key takeaway

Businesses with trade mark portfolios in China should review their filing, watching and enforcement arrangements before the revised law takes effect on 01 January 2027.

The shorter opposition period may require more responsive watching procedures, while the strengthened focus on genuine use makes it increasingly important for rights holders to ensure that registrations continue to reflect genuine commercial requirements.

How KISCH IP can help

Trade mark portfolios rarely operate in isolation. Changes in an important market such as China may need to be considered alongside a business's wider international brand protection and enforcement strategy.

KISCH IP advises South African and international businesses on the protection, management and enforcement of trade marks in South Africa and across Africa, while working with trusted foreign associates where portfolios extend into other markets.

We can assist clients in reviewing the wider portfolio implications of developments such as China's revised Trade Mark Law and, where China-specific advice or action is required, coordinate with appropriate local counsel as part of an integrated international trade mark strategy.

For assistance with your South African, African or international trade mark portfolio, please contact KISCH IP at globaltrademarks@kisch-ip.com.