China's amended Trademark Law takes effect on 1 January 2027. On 28 September 2026, the China National Intellectual Property Administration (CNIPA) released for comment the Measures for Handling Trademark Matters under the Amended Trademark Law (the "Measures") and the Trademark Examination and Adjudication Guidelines (the "Guidelines"). The Supreme People's Court has separately circulated two draft judicial interpretations. A few points stand out.

1. Transition: old law for substance, new law for procedure

The Measures set out how filings spanning the two regimes are to be treated. Applications, oppositions and reviews filed before 2027 but decided after it will be handled under the new law. For marks registered before 2027, invalidation and cancellation proceedings will apply the old law to substantive questions. Opposition periods run from the date of preliminary publication, or for international registrations the WIPO publication date, with the new two-month period applying to marks published after 2027.

2. Motion marks: a high bar, with comparison anchored to static elements

An application must include an MP4 file of no more than ten seconds without audio, three to nine still frames, a description of no more than 500 characters, and an explanation of how the mark is used. The Guidelines state that motion signs generally lack inherent distinctiveness and must ordinarily acquire it through use; common animation effects are unlikely to be approved. Similarity is assessed on the static elements first, with the motion element as a supplement, so an application may be refused where a key frame is similar to an earlier two-dimensional mark. Protection extends to the overall motion effect; any word or device element within it must be registered separately.

3. Bad-faith filings: tighter criteria, with a guard against over-reach

For applications "filed without intent to use and obviously exceeding normal business needs", the Guidelines require two conditions to be met together: the applicant has neither an intention nor any preparation to use the mark, or has no realistic prospect of using it; and the filing is manifestly out of keeping with the applicant's business capacity, scale and actual circumstances, or with commercial and industry practice.

The Guidelines also list prior contact between the parties concerning licensing or assignment as a factor pointing to deliberate pre-emptive filing.

4. After registration: use obligations tighten

Where a registered mark is used so as to mislead the public, for instance alongside a product name, slogan or trade dress that misleads consumers as to origin, cancellation follows only if the authority has ordered correction and the registrant has failed to comply. For unauthorised alteration of a mark or of registration particulars, the Guidelines add circumstances amounting to "serious" cases.

Marks registered before 2027 are equally subject to ex officio cancellation after three years of non-use. Companies would do well to audit dormant portfolios now.

5. Well-known marks: substantive requirements and procedural routes both clarified

Under the amended law, a well-known mark unregistered in China may obtain cross-class protection. The Guidelines require that it was already well known in China before the disputed mark's filing date, and that an unregistered well-known mark must not itself be barred from registration.

The Measures clarify the route to recognition. Where well-known status needs to be established, whether for a mark registered abroad or in the course of a case, the request may be made to the local trademark administration and referred upward to CNIPA for confirmation.

Also worth noting

The Guidelines also address deceptive marks, introduce non-functionality rules for colour combinations and sound marks, and confine suspension of examination to cases where it is necessary.

Comments close on 12 November 2026, and final texts are expected by year end. We will continue to follow the position; if you would like to discuss any of this, please get in touch.