China’s Revised Trademark Law Takes Effect in 2027: What Should Foreign Brands Do Now?

1. The immediate answer

China adopted the revised Trademark Law on 26 June 2026 and set 1 January 2027 as its commencement date. A foreign brand should now build one verified China rights map covering its English name, Chinese name, logos, product-line marks and distinctive packaging, together with the owner, classes, goods and services, renewal dates, licences, evidence and dispute status.

The transition period does not displace current law. Matters handled through 31 December 2026 remain subject to the law and procedure then in force. For an application or dispute spanning the commencement date, ask China counsel to confirm the governing deadline, service method and evidence timetable rather than assuming the new rule applies early.

2. Map the rights the market actually uses

A registration schedule should identify more than certificate numbers. Record who uses each mark, who controls domains and platform accounts, how a Chinese name was selected, whether a distributor or manufacturer has filed a similar mark, and which classes matter to the next stage of the business.

Foreign brands often use an English mark, a transliteration or translated Chinese name, a logo and product-series names at the same time. Registering only the English house mark may leave the Chinese name that customers actually use exposed. The answer is a fact-based filing strategy, not indiscriminate stockpiling.

• Application, registration, owner, classes, goods and renewal date
• English, Chinese, logo and product-line use in China
• Licensing, distribution, manufacturing and co-branding arrangements
• Oppositions, invalidations, non-use cancellations, litigation and enforcement
• Domains, social accounts, online stores, Customs recordals and packaging evidence

3. Connected-party and bad-faith filings

The revised law maintains and develops protections against filings by agents, representatives and parties with a contractual, business or other relationship. The practical case still depends on evidence: when the relationship began, how the applicant learned of the mark, what the contract says, why the filing copies or exploits the brand, and what prior use or reputation can be shown.

Choose the remedy only after confirming whether the mark is pending, preliminarily published, registered, vulnerable to non-use cancellation or actively used. Opposition, invalidation, cancellation, administrative enforcement, civil proceedings and a negotiated transfer serve different purposes. Do not start by paying the filer before investigating ownership, status, evidence and leverage.

4. Prepare for the two-month opposition window

Under the revised law, the opposition period following preliminary publication is two months. A foreign headquarters that relies on monthly watch reports followed by regional review, headquarters approval and later instructions to China counsel may no longer have enough time to investigate and file properly.

Set risk tiers, decision-makers and budget authority in advance. Maintain current corporate documents, powers of attorney and evidence templates. For core marks or known connected parties, a fast-track escalation path should identify who can authorise action and how deadlines are independently checked.

• Monitor core marks and market use on a fixed timetable
• Pre-approve opposition and invalidation authority and budget thresholds
• Keep corporate, authorisation, translation and authentication documents current
• Include distributors, manufacturers, former staff and partners in connected-party monitoring
• Use independent deadline checks across headquarters, business teams and China counsel

5. Build evidence before a dispute

A certificate proves registration status; it does not prove continuing use, reputation or loss. Preserve China contracts, invoices, orders, logistics, exhibitions, advertising, platform records, packaging and licence quality-control evidence by year and by goods or services. Each record should connect the mark, product, date and China market.

Overseas evidence can matter, but its connection to Chinese consumers, cross-border sales or the China relationship should be explained. Preserve complete webpages with URL and date, original electronic files and export logs. A consistent business record is generally more persuasive than screenshots assembled only after a conflict begins.

6. Update commercial controls

Distribution, manufacturing, licence, joint-venture and marketing contracts should allocate China filing rights, approval of Chinese names, ownership of domains and store accounts, watch and enforcement duties, post-termination transfer, stock handling and remedies for unauthorised filings. A generic statement that all IP belongs to the brand owner may not solve operational control of accounts and local assets.

If a China counterparty supports filings or maintenance, require use of an approved agency, delivery of every official notice and account record, and the owner's right to obtain files and change agents directly. Licence quality controls should also be documented in practice, not left only in the agreement.

7. Sixty-day transition plan

This plan is designed for a foreign business already selling, sourcing or preparing to enter China. A live opposition, platform takedown or Customs issue requires immediate case-specific action.

• Verify all core English, Chinese and logo applications and registrations
• Check owners, agency access, service addresses, renewals and licences
• Search for connected-party and high-risk similar applications
• Create a China-use evidence repository by mark and goods or services
• Update distribution, manufacturing, licence and joint-venture controls
• Create a fast approval and authorisation path for the two-month opposition period
• Ask China counsel for a year-end transition list covering pending matters and deadlines