China’s 2027 Trademark Law Change: Is Your Brand Ready Before the New Rules Take Effect?

The New Trademark Rules Will Take Effect Soon — Is Your Brand Ready?

China’s revised Trademark Law will officially take effect on January 1, 2027, introducing important changes to trademark registration, management, and protection.

For foreign companies, this is not only a concern for businesses planning to enter China. Companies that are already operating in the Chinese market should also review their trademark strategies before the new rules come into force.

A trademark is more than a registration certificate. It represents:

• your company’s brand identity;

• customer recognition;

• market reputation;

• long-term commercial value.

However, under the new legal environment, companies need to pay closer attention to how trademarks are registered, used, and managed.

Businesses that fail to update their trademark strategy before 2027 may face greater challenges in protecting their brands in China.

How Is the 2027 Trademark Law Different From the Current System?

1. Trademark Registration Will Focus More on Genuine Business Use

Under the previous trademark system, many companies adopted a defensive registration strategy:

“Register the trademark first, then decide how to use it later.”

This approach became common because China follows a first-to-file trademark system.

However, it also contributed to problems such as:

• trademark squatting;

• excessive trademark filings;

• registration of trademarks without real commercial purpose.

The revised Trademark Law strengthens regulation over applications that lack genuine intention of use or significantly exceed normal business needs.

What This Means for Foreign Companies

Companies should review whether their existing trademark portfolio matches:

• current business activities;

• future expansion plans;

• actual commercial needs.

For example:

A company that registered only its main product category five years ago may now need protection for:

• additional products;

• online sales channels;

• licensing activities;

• new services.

2. Existing Businesses Should Audit Their China Trademark Portfolio Before 2027

Many foreign companies already have trademarks registered in China.

However, trademark protection gaps often appear as businesses grow.

Common issues include:

Only Protecting the English Brand Name

Many international companies focus on their global brand name but overlook:

• Chinese translations;

• Chinese brand names;

• product names used in China.

In the Chinese market, a localized brand name can become a valuable commercial asset.

Insufficient Trademark Classes

A company may have registered trademarks for its original business but later expanded into:

• new product categories;

• e-commerce;

• franchising;

• digital services.

Existing registrations may no longer provide sufficient protection.

Incorrect Trademark Ownership

Companies should confirm:

• Is the trademark owned by the correct legal entity?

• Does ownership match the China business structure?

• Are transfers or licensing arrangements properly recorded?

3. Trademark Registration Is Only One Part of China IP Protection

Many companies think:

“Once our trademark is registered, our brand is fully protected.”

In reality, trademarks protect only one part of a company’s intellectual property assets.

A complete China IP strategy usually requires protection across multiple areas.

Trademark Protection vs Copyright Protection

Trademark and copyright protect different types of business assets.

Trademark Protection Focuses On:

• brand names;

• logos;

• product names;

• slogans;

• commercial identifiers.

The purpose is to prevent others from using confusingly similar branding in the market.

Copyright Protection Focuses On:

• original written content;

• website materials;

• software code;

• graphic designs;

• videos;

• photographs;

• marketing materials.

For many modern businesses, especially technology companies and online brands, copyright protection is becoming increasingly important.

For more information about how copyright protection works in China and what businesses should prepare, read our guide:

China Copyright Law 2025: Key Rules Every Business Should Know

4. Digital Businesses Need Broader Brand Protection

Modern businesses no longer operate only through physical products.

Brands now exist across:

• websites;

• mobile applications;

• social media platforms;

• online marketplaces;

• digital products.

The revised Trademark Law reflects changes in modern commercial activities, including stronger recognition of digital forms of trademark use.

However, digital assets often involve both trademark and copyright issues.

For example:

A mobile application may require:

Trademark protection→ App name, company logo, product identity

Copyright protection→ Software code, interface design, images, written content

Businesses should evaluate both forms of protection together.

5. Bad-Faith Trademark Registration Will Receive Stronger Regulation

Trademark squatting has been one of the biggest challenges faced by foreign companies entering China.

Typical situations include:

• a local company registering a foreign brand first;

• a Chinese translation being occupied;

• similar trademarks blocking market expansion.

The revised Trademark Law strengthens measures against malicious trademark registration and improves trademark administration.

However, companies should not rely only on future enforcement.

Recovering a trademark after a dispute occurs can still involve:

• administrative procedures;

• legal costs;

• business delays.

Early protection remains the most effective strategy.

What Foreign Companies Should Do Before January 2027

Before the new Trademark Law takes effect, companies should consider:

1. Review Existing Trademark Protection

Check:

✓ Registered trademarks✓ Trademark classes✓ Chinese brand names✓ Product names✓ Future business plans

2. File Important Trademark Applications Before the New Rules Apply

Companies should consider completing applications for:

• unregistered core brands;

• important Chinese names;

• planned product categories;

• future expansion areas.

Waiting until after January 2027 may create unnecessary uncertainty.

3. Build a Complete IP Protection Strategy

A strong China IP strategy should combine:

Trademark Protection

Protect:

• brand identity;

• market recognition;

• commercial reputation.

Copyright Protection

Protect:

• creative works;

• digital assets;

• software and content.

Patent Protection

Protect:

• inventions;

• technical solutions;

• product innovations.

Final Reminder: 2026 Is the Key Window to Protect Your Brand Before the New Rules

China’s 2027 Trademark Law reform represents a major change in how trademark rights are managed.

For foreign companies, the key question is no longer:

“Have we registered a trademark?”

The more important question is:

“Is our China IP protection strategy ready for the future?”

Before January 2027, business owners should:

✓ Assess your current brand protection strategy

✓ Identify potential trademark risks and coverage gaps

✓ Submit necessary trademark applications before the deadline

✓ Secure Chinese brand names and key business identifiers

✓ Strengthen your overall IP protection framework

A proactive approach today can help companies protect their brands, reduce future disputes, and build a stronger foundation for long-term growth in China.

How We Can Help

As a professional platform operated by Gomax Group, TMRegisterChina specializes in China trademark registration and intellectual property protection services for foreign brands and overseas enterprises

For trademark filing and protection cases in China, we provide practical support throughout the entire process, including:

• Trademark registration applications with CNIPA

• Trademark clearance searches and risk assessments

• Trademark opposition and invalidation proceedings

• Defensive trademark registration strategies

• Compliance guidance for brand owners and applicants

Our experienced local trademark attorneys and IP specialists can help simplify the registration process, reduce compliance risks, and ensure a smooth brand entry into the Chinese market.

Helping you enter and operate in China with confidence and efficiency — Gomax, your local reliable agency for China business.

If you are interested in securing your trademark rights in China, please CONTACT US for more information.

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