Draft Measures for Handling Related Business under the Revised Trademark Law (for Soliciting Opinions)

2026-10-20
Recently, the China National Intellectual Property Administration issued a notice on soliciting public opinions on the Measures for Handling Business Related to the Implementation of the Revised Trademark Law (Draft for Comments). It is mentioned that, to further improve the trademark system and cooperate with the implementation of the newly revised Trademark Law of the People's Republic of China in 2026, the China National Intellectual Property Administration, on the basis of full research and demonstration, drafted the Measures for Handling Related Business of the Revised Trademark Law (Draft for Comments) in accordance with the basic principles stipulated in the Legislative Law of the People's Republic of China, and now solicits public opinions from all sectors of society.


Circular of the China National Intellectual Property Administration on Soliciting Public Opinions on the Measures for the Handling of Business Related to the Implementation of the Revised Trademark Law (Draft for Comments)

In order to implement the important instructions of General Secretary Xi Jinping on intellectual property work and the decision-making arrangements of the Party Central Committee and the State Council, further improve the trademark system, and cooperate with the implementation of the newly revised "Trademark Law of the People's Republic of China" in 2026, the State Intellectual Property Office has drafted the "Measures for Handling Related Business of the Trademark Law after Implementation (Draft for Soliciting Opinions)" based on sufficient research and demonstration, and in accordance with the basic principles stipulated in the "Legislation Law of the People's Republic of China". It is now open to all sectors of society for comments. Relevant units and individuals from all walks of life can provide specific opinions on the revision and improvement of the draft for soliciting opinions through the following methods before November 12th:

1、 Send opinions via email to: tiaofasi@cnipa.gov.cn .

2、 Fax: 010-62083681.

3、 Send it by letter to: Article and Law Division II, Department of Treaty and Law, China National Intellectual Property Administration, No. 6, Xitucheng Road, Haidian District, Beijing Post code: 100088 (please indicate "Trademark Law Transition Measures" in the lower left corner of the envelope).

Attachment: 1 Draft Measures for Handling Related Business under the Revised Trademark Law (for Soliciting Opinions)

2. Drafting Explanation on the Draft Measures for Handling Related Business of the Revised Trademark Law (for Soliciting Opinions)

China National Intellectual Property Administration

September 28, 2026

Attachment 1:

Measures for Handling Related Business under the Revised Trademark Law

(Draft for soliciting opinions)

Article 1: In order to ensure the implementation of the revised Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), these Measures are formulated in accordance with Article 104 of the Legislation Law of the People's Republic of China.

Article 2 The revised Trademark Law shall apply to applications filed with the China National Intellectual Property Administration before January 1, 2027 (excluding that date, the same below) for trademark registration, opposition, rejection of reexamination, rejection of reexamination of registration, change, assignment, renewal, cancellation, license filing, etc., and administrative decisions or rulings made by the China National Intellectual Property Administration after January 1, 2027 (including that date, the same below).

For trademarks that have been approved for registration before January 1, 2027, if a request for invalidation or reexamination of invalidation is filed with the China National Intellectual Property Administration, and if the China National Intellectual Property Administration makes an administrative decision or ruling after January 1, 2027, the revised Trademark Law shall apply to relevant procedural issues, and the Trademark Law in force at the time of approval and registration of the trademark shall apply to substantive issues.

For the application for revocation and revocation reexamination submitted to the China National Intellectual Property Administration before January 1, 2027, if the China National Intellectual Property Administration makes an administrative decision after January 1, 2027, the revised Trademark Law shall apply to relevant procedural issues, and the pre revised Trademark Law shall apply to substantive issues.

Article 3: Starting from January 1, 2027, if an applicant applies for trademark registration with a dynamic mark in accordance with Article 14 of the revised Trademark Law, they shall make a declaration in the application, explain the way the trademark is used, submit a dynamic mark sample that meets the requirements, and describe the dynamic trademark applied for registration. The trademark description shall be consistent with the dynamic mark sample.

The applicant shall submit the following dynamic logo samples:

（1） Dynamic logo video. The dynamic logo video should be stored in a video file in MP4 format, with a file size not exceeding 20MB. The video should clearly display the complete dynamic change process.

（2） Dynamic logo static pattern. The static image format is JPEG, with a quantity of 3 to 9 frames. Static patterns should fully demonstrate the dynamic change process and be clear and identifiable.

Dynamic logos are characterized by continuously changing dynamic images, which are often easily recognized as dynamic advertisements, product demonstrations, and other content. They are difficult to distinguish the source of goods or services and often require long-term or extensive use to obtain significant features before they can be registered.

Where a trademark registration is applied for by means of a dynamic mark, the China National Intellectual Property Administration may, in accordance with Article 33 of the revised Trademark Law, require the applicant to submit evidentiary materials showing that the dynamic mark trademark applied for registration has obtained prominent features through use, and the applicant shall submit them within 15 days from the date of receiving the notification from the China National Intellectual Property Administration.

Article 4: For trademark registration applications that have published preliminary approval notices before January 1, 2027, the calculation of the opposition period shall be subject to Article 33 of the Trademark Law before the revision. For trademark registration applications that publish preliminary approval notices after January 1, 2027, the calculation of the opposition period shall be subject to the revised Article 36 of the Trademark Law.

For internationally registered trademarks, if the announcement date of the World Intellectual Property Organization is before January 1, 2027, the calculation of the objection period shall be subject to Article 33 of the Trademark Law before the revision; If the announcement date is after January 1, 2027, the calculation of the objection period shall be subject to the revised Article 36 of the Trademark Law.

Article 5: Starting from January 1, 2027, if a trademark registrant applies to cancel its registered trademark or cancel its trademark registration on some designated goods, the revised Article 48 of the Trademark Law shall apply.

Article 6 Where the China National Intellectual Property Administration makes an administrative decision or ruling after January 1, 2027, Article 49 of the revised Trademark Law shall apply.

Article 7: If a trademark registered before January 1, 2027 is used in a manner that misleads the public, as stipulated in Article 56 of the revised Trademark Law, and continues until after January 1, 2027, the revised Trademark Law shall apply.

After January 1, 2027, the China National Intellectual Property Administration may revoke the trademark approved for registration before January 1, 2027 in accordance with the third paragraph of Article 57 of the revised Trademark Law if the trademark is not used or becomes the common name of the commodity approved for use for three consecutive years without justified reasons. Where the China National Intellectual Property Administration cancels a registered trademark in accordance with this article, the department responsible for trademark administration above the district people's government of a prefecture level city, autonomous prefecture, league, region, or municipality directly under the Central Government shall investigate and verify the registered trademark in the jurisdiction where the above situation exists, and submit the investigation and verification to the China National Intellectual Property Administration level by level. If the China National Intellectual Property Administration considers that the conditions for revocation are met, it shall notify the trademark registrant to submit evidentiary materials and make a decision according to law.

Article 8: Starting from January 1, 2027, if a request is made to confirm the well-known status of a trademark in accordance with Article 63 (1) and Article 69 (1) of the revised Trademark Law, relevant materials shall be submitted in accordance with Article 63 (4) of the revised Trademark Law.

Where the department in charge of trademark administration receives a request from other departments to claim rights in accordance with Paragraph 2 of Article 63 of the revised Trademark Law, the department in charge of trademark administration shall report to the China National Intellectual Property Administration level by level to confirm the well-known situation of the trademark.

From January 1, 2027, in the process of the examination and hearing of overseas trademark registration or the handling of trademark cases, if the party concerned requests confirmation of the well-known situation of the trademark in accordance with the first paragraph of Article 69 of the revised Trademark Law, the party concerned may submit the request to the department in charge of trademark administration above the people's government of the district level city, autonomous prefecture, league, region and municipality directly under the Central Government, which shall report to the China National Intellectual Property Administration level by level for confirmation.

Article 9: Prior to the implementation of the revised Trademark Law, the current Trademark Law Implementation Regulations shall continue to be enforced, except for provisions that conflict with the revised Trademark Law.

If the revised Trademark Law and the current Implementing Regulations of the Trademark Law have provisions on the same matter, the provisions of the revised Trademark Law shall apply.

If the current implementation regulations of the Trademark Law interpret and define the matters stipulated in the pre revised Trademark Law, and if the revised Trademark Law still stipulates such matters, it shall continue to be regarded as an interpretation and definition of such matters.

Starting from January 1, 2027, trademark registration, opposition, transfer, renewal, change, review and other trademark matters shall be handled in accordance with the procedures stipulated in the current Trademark Law Implementation Regulations.

The current "Guidelines for Trademark Examination and Adjudication" shall be implemented in accordance with the implementation principles of the current Trademark Law Implementation Regulations.

Article 10: These measures shall come into effect on January 1, 2027.





Attachment 2:

Drafting Explanation on the Draft Measures for Handling Related Business of the Revised Trademark Law (Soliciting Opinions)

1、 Background setting

  Considering that the Regulations for the Implementation of the Trademark Law is still in the process of revision, in order to ensure the implementation of the revised Trademark Law, and in accordance with the basic principles stipulated in the Legislative Law of the People's Republic of China (hereinafter referred to as the "Legislative Law"), the China National Intellectual Property Administration, on the basis of in-depth research and extensive listening to the views of relevant parties, drafted the Measures for Handling Related Business of the Implementation of the Revised Trademark Law (Draft for Comments) (hereinafter referred to as the Measures (Draft for Comments)).

2、 Main content

The draft Measures for Soliciting Opinions consists of ten articles, mainly including two aspects: first, the provisions on the connection between the old and new laws, and second, the supporting provisions for the revised content of the Trademark Law.

The provisions on the connection between old and new laws mainly include: firstly, the principle clause of non retroactivity of laws. This method is formulated in accordance with Article 104 of the Legislation Law. (Article 1) The second is the applicable provisions of new and old laws for different review and adjudication businesses. Handle according to the principle of entity from old and program from new. The third provision is the application relationship clause of the Trademark Law, the Implementing Regulations of the Trademark Law, and the Guidelines for Trademark Examination and Adjudication. Following the principle of superior laws over subordinate laws, if both the current Implementing Regulations of the Trademark Law and the revised Trademark Law have provisions on the same matter, the revised Trademark Law shall apply. Article 9: The fourth clause is the effective time clause. The implementation date of these measures is January 1, 2027, which is consistent with the implementation date of the revised Trademark Law. (Article 10)

The supporting provisions of the revised content of the Trademark Law mainly include: firstly, the relevant provisions on the application and examination of dynamic mark trademarks. Clarify the materials that should be submitted when applying for trademark registration with dynamic marks. The salient features of dynamic trademarks often need to be obtained through use, and the evidence materials for obtaining salient features through use should be submitted within 15 days from the date of receiving the notification from the China National Intellectual Property Administration. The second provision is related to the objection period. Domestic registered trademarks are judged based on the date of preliminary approval announcement, while international registered trademarks are judged based on the date of World Intellectual Property Organization announcement. If published before the implementation of the new law, the old law shall apply; Those published after the implementation of the new law shall be subject to the new law. (Article 4) The third is the relevant provisions on the effective date of cancellation. Those who apply for cancellation after the implementation of the new law shall be subject to the relevant provisions of the new law. Article 5: The fourth provision pertains to the quarantine period. It is clarified that after the implementation of the new law, if the China National Intellectual Property Administration makes an administrative decision or ruling, Article 49 of the revised Trademark Law shall apply. Article 6: The fifth provision refers to the revocation of relevant provisions based on authority. If a trademark that was approved for registration before the implementation of the new law is used in a misleading manner to mislead the public and continues until after the implementation of the new law, the revised Trademark Law shall apply. If a trademark that was approved for registration before the implementation of the new law has not been used for three consecutive years without justifiable reasons or has become a common name for goods approved for use, and the trademark is revoked in accordance with Article 57 (3) of the revised Trademark Law after the implementation of the new law, the department in charge of trademark management at or above the district people's government level of prefecture level cities, autonomous prefectures, leagues, regions, and municipalities directly under the central government shall investigate and verify the registered trademark with the aforementioned situation, and report the investigation and verification results step by step. Article 7: The sixth provision pertains to the protection of well-known trademarks. After the implementation of the new law, if a request is made to confirm the well-known status of a trademark, relevant materials shall be submitted in accordance with Article 63 (4) of the revised Trademark Law; Establish a hierarchical reporting mechanism for confirming the well-known status of trademarks in the process of investigating and handling trademark infringement cases, overseas trademark registration examination and trial, or handling trademark cases. (Article 8)


Source: State Intellectual Property Administration website
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