China has released a proposed revision to its Trademark Law that signals continued tightening of trademark standards and enforcement. While not a wholesale overhaul, the draft amendments reflect China’s increasing focus on market order, genuine use, and stronger deterrence against abuse of the trademark system.
On December 27, 2025, China’s National People’s Congress published the draft amendment for public consultation. The proposal builds on prior reforms and reinforces long-standing policy priorities, particularly around combating bad-faith filings and ensuring trademarks reflect real commercial activity rather than speculative registration.
Key elements of the draft include expanded recognition of registrable marks, strengthened measures against bad-faith applications, shorter opposition timelines, and continued emphasis on use, licensing transparency, and quality control.
What It Means for US-Based Clients
For foreign rights holders such as US-based brands, the proposed revisions raise both the expectations and the pace of trademark management in China.
The draft formally recognizes a broader range of registrable marks, including dynamic or animated marks. This reflects the reality of modern brand expression in digital environments and presents new opportunities to protect evolving brand assets, provided portfolios are thoughtfully structured.
At the same time, the law takes a firmer stance against bad-faith filings. Applications submitted without genuine intent to use, or that significantly exceed reasonable business needs, may be rejected, cancelled, or penalized. While this may reduce abuse of the system, it also places greater scrutiny on large or defensive portfolios.
Procedurally, the opposition period would be shortened from three months to two months following publication. This narrower window heightens the importance of active monitoring and faster internal decision-making, particularly for multinational brands managing high volumes of filings.
The Minx Understanding
The proposed amendments do not fundamentally alter China’s trademark system, but they do raise the bar for rights holders. Enforcement will move faster, scrutiny will increase, and passive or purely defensive strategies will carry greater risk.
For established global brands, this is not a moment for reaction, but for recalibration. China trademark strategies must be agile, evidence-driven, and closely aligned with real commercial activity on the ground.
At Minx Law, we work with rights holders to translate developments like these into practical, business-aligned trademark strategies. Our focus is not just on compliance, but on protecting brand value in complex, high-stakes global markets where timing, coordination, and judgment matter.
