On June 26, 2026, China’s Standing Committee of the National People's Congress passed the newly revised Trademark Law of the People's Republic of China (the "2026 Revision"). The new law expands to 87 articles across nine chapters, compared with the current law's (the fourth revision of 2019) 73 articles across eight chapters. Among its key structural changes is the introduction of a new Chapter II, "Requirements for Trademark Registration," comprising 12 articles (Articles 14 to 25).
It is worth noting that this new chapter does not create entirely new rules from scratch. Rather, it consolidates and revises existing provisions. Nevertheless, the changes are substantial and will have a direct impact on trademark examination, opposition, and review proceedings. Below is a detailed breakdown.
I. What Has Changed in the Registration Requirements?
The 2026 Revision introduces a number of important adjustments to the requirements for trademark registration, covering registrable elements, prohibited signs, functional marks, non-registrable applications, well-known mark protection, and protection of prior lawful rights and interests.
1. New Types of Registrable Elements (Article 14)
Article 14, which corresponds to Article 8 of the current Trademark Law, expands the scope of registrable elements. In addition to the existing categories - “words, figurative mark/device mark, letters, numerals, three-dimensional signs, combination of colors, and sounds” - the new law adds motion marks and combinations that include motion elements. This change lowers the barriers to registering distinctive and identifiable signs, opens the door for marks incorporating innovative elements to receive trademark protection.
2. Expanded Prohibited Signs and the Shift from "Use" to "Registration and Use" Prohibition (Articles 15 and 16)
Article 15 revises Article 10(1) of the current law by adding a new sub-paragraph that prohibits the registration and use of marks that are identical or similar to "symbolic elements associated with the name, flag, emblem, medal, or major theoretical achievements and historical events of the Communist Party of China." It also updates the term "central state organs" to "central and state organs" for greater precision. Importantly, the law now explicitly states that such signs may be neither registered nor used.
Article 16(1), which corresponds to Article 10(2) of the current law, revises the wording from "geographical names of administrative divisions at or above the county level" to "names of administrative divisions at or above the county level," thereby similarly clarifying that such signs may not be registered or used as trademarks.
3. Expanding the Scope of Non-Registrable Functional Marks (Article 18)
Article 18 corresponds to Article 12 of the current Trademark Law. Under the current law, where a three-dimensional mark is applied for registration, shapes that are dictated by the nature of the goods themselves, necessary to achieve a technical result, or that give substantial value to the goods are not registrable. Building on this foundation, the new law expands the scope of non-registrable functional marks to include color combinations, sounds, motion marks, and others -- meaning that where such elements are merely functional in nature, they will likewise be refused registration.
4. Non-Registrable Applications: Clearer Grounds (Article 19)
Article 19(1) and (2) correspond respectively to Article 4(1) and Article 44(1) of the current Trademark Law, and consolidates and clarifies two categories of applications that will be refused:
(1) Trademark registration applications filed without the intention to use the mark and that clearly exceed the legitimate needs of normal business operations (this deletes the current requirement in Article 4 of the Trademark Law for the application to be "filed in bad faith").
(2) Trademark registration applications “filed by means of fraud or other improper means,” which could only be challenged through invalidation proceedings under the current Trademark Law, are now also subject to refusal for registration.
5. Well-Known Marks: Broader Protection (Article 21)
Article 21 revises Article 13(2) and (3) of the current law to relax the conditions for protecting well-known marks. Under the new law, protection for well-known marks against registration on different or dissimilar goods no longer requires that the mark be "registered in China." The provision now simply prohibits the registration and use of marks that are copies, imitations, or translations of another's well-known mark (whether registered in China or not) on different or dissimilar goods, where such use would mislead the public and potentially harm the interests of the holder (accordingly, no longer requiring that the holder be the "registrant" of the well-known mark.). This is a significant expansion of protection for well-known marks.
6. Strengthened Protection of Prior Lawful Rights and Interests (Article 24)
Article 24, corresponding to Article 32 of the current law, makes two key changes:
1) The scope of protected prior rights is expanded from "prior rights" to "prior lawful rights and interests," covering a broader range of protectable subject matter.
2) As regards the pre-emptive registration of marks that have already been used by others and have acquired a certain degree of influence, the requisite element has been amended from "by improper means" to "intentional," further strengthening the principle of good faith and underscoring the applicant's duty to avoid encroaching on others' prior use.
II. Practical Implications of the Changes to Registration Requirements
The above changes to registration requirements will directly affect examination, opposition, review, and other administrative proceedings. Applicants and rights holders should pay close attention to the examination guidelines and related implementing regulations that the Trademark Office is expected to issue in due course, and adjust their filing and enforcement strategies accordingly.
1. Impact on Trademark Examination Procedures
For registrable elements that now fall within the expanded scope of protection (such as motion marks) the trademark examination authorities will inevitably need to revisit their examination procedures and assessment criteria, which may affect examination timelines. Applicants filing such marks should gather evidence in advance demonstrating that the mark is capable of distinguishing the source of goods or services—for example, market sales data and consumer recognition—so as to address any potential refusals. Similarly, for color combinations, sounds, and motion marks, there may be disputes over whether they are functional. Applicants should prepare evidence showing that the mark is not functional and that it has acquired distinctiveness and capacity to indicate source.
2. Impact on Opposition Proceedings
The changes to trademark registration requirements have directly led to an expansion and refinement of the statutory grounds for opposition. For instance, absolute grounds for filing an opposition application now include prohibited signs (Articles 15 and 16), functional marks (Article 18), and non-registrable applications (Article 19). Relative grounds include well-known mark protection (Article 21) and prior lawful rights and interests (Article 24). This provides both opponents and applicants/registrants with clearer legal bases for submitting evidence and filing defenses, making opposition proceedings more focused and efficient.
3. Impact on Review Proceedings
In review proceedings, applicants may now rely on the new registration requirements to argue that their marks meet the legal standards. The trademark authorities will also reassess previous examination decisions in light of the new rules. This should make review proceedings more targeted and efficient, with a sharper focus on the core question of registrability.
Conclusion
The 2026 Revision brings significant changes to the registration requirements under Chinese Trademark Law. Applications that do not comply with the new rules will face increased risks of refusal, opposition, or invalidation. Moreover, under Article 54 of the new law, bad-faith filings that cause adverse effects may result in warnings, fines, or other administrative penalties. Rights holders and applicants should take these changes seriously.
If you encounter any challenges during the trademark registration process, please do not hesitate to contact us. We are here to provide professional legal advice and practical guidance to help you navigate the new landscape and secure your trademark rights smoothly.
