The Chinese government has unveiled a draft amendment to the Trademark Law, inviting public input until February 10, 2026. The proposed revisions seek to bolster intellectual property safeguards, address fraudulent filings, and modernize enforcement mechanisms. These updates will significantly alter how trademarks are registered, defended, and managed within the country.
Core Objectives and Structural Changes
The draft centers on three primary areas: strengthening trademark protection, preventing abusive practices, and simplifying enforcement procedures. Notable revisions include:
Expanded Protection for Well-Known Marks:
The law eliminates distinctions between registered and unregistered well-known trademarks, offering cross-category protection. Brands with strong market recognition can now assert rights against competitors in unrelated fields. However, demonstrating "well-known" status remains complex due to high evidentiary standards.Combating Malicious Filings:
A dedicated section outlines penalties for bad-faith registrations, such as囤积 trademarks or mimicking established marks. Applicants may face fines up to RMB 100,000 (approximately USD 15,000) without proving actual use. The law also mandates warnings and administrative sanctions for misleading use of registered marks.New Non-Traditional Trademark Categories:
Motion marks, such as animated logos, and other non-traditional designs are now explicitly protected. However, these marks are excluded from safeguards against deceptive claims about product quality or origin.
Procedural and Enforcement Updates
The draft introduces significant changes to trademark enforcement and administration:
1. Shortened Opposition Periods and Monitoring Challenges
The opposition period for new trademark applications has been reduced, necessitating closer monitoring of filings. This change increases the risk of strategic filings by competitors in unrelated categories, complicating defensive strategies.
2. Enhanced Coordination Between Authorities
Administrative and judicial bodies are now required to collaborate on trademark infringement cases. This aims to minimize jurisdictional conflicts and accelerate transitions between enforcement actions and criminal proceedings.
3. Revised Damages Calculation Framework
Rights holders can now choose between calculating damages based on actual losses or the infringer’s profits, whichever is more favorable. The law also permits recovery of reasonable enforcement costs, such as legal fees and investigation expenses.
4. Civil Liability for Malicious Litigation
The draft explicitly penalizes "bad-faith" lawsuits, such as those filed by trademark squatters. Parties engaging in such tactics may face civil liability for damages caused to legitimate trademark owners.
Next Steps and Strategic Considerations
The public comment period provides stakeholders a final opportunity to influence the final version of the law. Key questions for businesses include:
- How will expanded protection for well-known marks affect unregistered brands?
- What measures are necessary to defend against malicious filings in unrelated categories?
- How will the revised damages framework impact litigation strategies?
Industry participants are advised to submit feedback by February 10, 2026, to ensure their concerns are addressed. Legal experts recommend proactive registration, defensive strategies, and compliance with new use requirements to navigate the updated landscape.
As the law moves toward adoption in 2026, businesses must prepare for stricter enforcement and a more dynamic trademark environment. The reforms signal a stronger commitment to combating abuse and protecting brand equity in China’s evolving market.
IP Defender monitors national trademark databases for conflicts and infringements, helping businesses stay ahead of threats in markets like China. Their service detects rogue registrations and conflicting trademarks before they escalate into costly legal battles. For brands operating globally, IP Defender’s ability to track filings across 50+ countries ensures comprehensive protection without manual oversight.
The reforms underscore the urgency of proactive trademark monitoring. Without a reliable system to track filings and identify risks, companies risk financial losses and reputational damage. By leveraging tools like IP Defender, businesses can safeguard their intellectual property while adapting to evolving legal frameworks.