The China National Intellectual Property Administration (CNIPA) announced at a press conference on July 29 that it is actively advancing the revision of the Implementation Regulations of the Trademark Law and concurrently updating trademark examination guidelines. These efforts are to ensure the effective and accurate enforcement of the newly amended Trademark Law, which takes effect on January 1, 2027. This move signifies another critical step forward in China’s drive to optimize its business environment and strengthen intellectual property protection.

The core objective of this revision is to establish a more robust, efficient, and internationally aligned legal framework for trademarks. Rui Wenbiao, Spokesperson and Deputy Commissioner of CNIPA, stated at the conference that the administration is also upgrading its trademark application and examination information system. Simultaneously, it plans to roll out educational programs on the new law for the public, businesses, and IP service organizations to enhance nationwide legal awareness regarding trademarks.

Key highlights of the new law are as follows:

1. Strengthening the Principle of Good Faith: The new law explicitly mandates that trademark applications and usage must adhere to the principle of good faith. It strictly prohibits any actions that harm national or public interests or infringe upon the legitimate rights of others. This provision provides a firmer legal basis for maintaining a fair and orderly competitive market.
2. Expanding Registrable Trademark Elements: In response to the evolving needs of new technologies and emerging industries, the law broadens the scope of constituents eligible for trademark registration. It explicitly allows dynamic signs and their combinations with related elements (e.g., mobile phone startup animations) to be registered as trademarks. This offers greater flexibility for businesses in protecting their diverse brand assets.
3. Refining Well-Known Trademark Protection: The law eliminates the distinction between registered and unregistered well-known trademarks concerning cross-class protection. This provides more unified and comprehensive legal protection for well-known trademarks within China. This adjustment further aligns China’s IP protection standards with prevailing international economic and trade norms.
4. Strengthening Use Requirements and Penalties: The new law clarifies the revocation procedure for trademarks that are registered but not put to genuine use. It also imposes stricter penalties on the misuse of registered trademarks in ways that could mislead the public. These measures aim to clear idle trademark resources, incentivize genuine commercial use, and maintain a healthy and orderly trademark registration system.

Industry Impact and Outlook:
Industry experts view this systematic revision of the Trademark Law and its implementation regulations as a significant legislative achievement supporting China’s innovation-driven development strategy and high-level opening-up. It is expected to markedly enhance the quality and efficiency of domestic trademark examination, providing a more stable, transparent, and predictable IP protection environment for both Chinese and foreign enterprises. Furthermore, it will vigorously promote the creation, utilization, and protection of brand value, injecting new momentum into high-quality economic development.

CNIPA has affirmed its commitment to continuously refine supporting regulations and ensure a smooth transition between the old and new laws, thereby safeguarding the legitimate rights and interests of all market entities.