Trade Mark News

China's Trade Mark Law Changes on 1 January 2027: What Australian Brands Should Do Now

By IP Wealth · 2 November 2026 · 5 minute read

China adopted a major amendment to its Trademark Law on 26 June 2026, and it takes effect on 1 January 2027. If your brand sells into China, manufactures there, or ships through Chinese marketplaces, a few of the changes could affect you sooner than you expect. Here is a plain-English summary and a short checklist for the next two months.

Why this matters for Australian businesses

Trade marks are territorial. An Australian registration does not protect your brand in China, and China generally rewards whoever files first. That makes any change to China's trade mark system worth a look, even if your sales there are modest.

The amendment, adopted by the Standing Committee of the National People's Congress, has been described as the fifth revision of the law. It is reported to grow the law from 73 to 87 articles. The summaries below draw on published commentary from CMS, China Briefing and the Brand Protection Blog.

What is changing

1. A shorter opposition window

The period to oppose a third party's application is reported to drop from three months to two months from preliminary publication. If you use a watch service, you will have less time to spot a copycat and instruct counsel.

2. Animated and other moving marks

Dynamic marks, such as animated logos and moving images, become registrable. There are exclusions where the movement is dictated by the nature of the goods, a technical function or substantial value. Brands with a signature animation may want to consider protection.

3. Fines for bad-faith filings

Applicants who file with no genuine intent to use, or in numbers that clearly exceed normal business needs, can be fined directly, reportedly up to RMB 100,000. Examiners will be able to reject suspect filings earlier. This is good news if a squatter has copied your brand, but it also means speculative or overly broad filings carry more risk for the filer.

4. Online use counts, and non-use is tougher

Use over the internet, including e-commerce pages and livestreams, is reported to count as trade mark use. The authority can also cancel a registration on its own initiative if a mark becomes generic or goes unused for three consecutive years without good reason.

5. Stronger tools and bigger penalties

• Unregistered well-known marks gain cross-class protection.
• Licensors gain a statutory right to terminate a licence if the licensee fails quality obligations.
• Misleading use can attract rectification orders and fines of up to five times illegal turnover, or up to RMB 250,000 in other cases.
• The standard for punitive damages moves from "malice" to "intent", capped at RMB 5 million.

What to do before 1 January 2027

1. Check your China position. Do you have registrations in China for your brand name, in both English and Chinese where relevant? If not, consider filing before someone else does.
2. Review your watch service. Make sure alerts reach the right person quickly and that instructions can be given within a two-month window.
3. Consider your animated logos. If a moving logo is central to your brand, ask whether it should be protected under the new rules.
4. Keep your marks in use. Record online use in China, including product pages and livestream sales, so you can show it if challenged.
5. Check your licences. If you license your brand in China, make sure the quality obligations are clear and that you understand the new termination right.
6. Review your marketing claims. Misleading statements about origin, ingredients or production can now lead to larger penalties.

Frequently asked questions

This article is general information only and is not legal advice. It summarises published commentary on a law that has not yet taken effect, and details may change or be clarified. © 2026 IP Wealth Pty Ltd. All rights reserved.