China’s State Council approves submission of Trade Mark Law draft amendment to National People’s Congress

On 14 November 2025, China’s State Council approved the Draft Amendment to the Trade Mark Law of the People’s Republic of China in principle for submission to the National People’s Congress Standing Committee (NPC Standing Committee). This is the fifth amendment to China’s Trade Mark Law since its enactment in 1982.

Background

The China National Intellectual Property Administration (CNIPA) initially published a draft amendment of the Trade Mark Law for public consultation on 13 January 2023. The State Council included the Draft Amendment of the Trade Mark Law in its 2025 Legislative Plan released on 14 May 2025, signalling the government’s commitment to advancing trade mark law reform.

While the specific provisions approved by the State Council have not yet been publicly disclosed, the 2023 draft provides insight into the likely direction of reform.

This follows recent amendments to the Anti-Unfair Competition Law. The original publication can be found here (Chinese only).

Expected key amendments

Based on the 2023 draft, the amendment is expected to focus on the following key areas:

• Combating malicious trade mark filings – The 2023 draft introduces enhanced measures to address malicious trade mark applications filed without genuine intent to use, including a clearer statutory definition of malicious filings, increased penalties, and expanded civil remedies for rights holders affected by such filings.
• Strengthened usage requirements – The 2023 draft requires applicants to demonstrate actual use or a genuine intent and undertaking to use trade marks at the application stage. It also proposes periodic statements of use every five years with automatic revocation for unused trade marks.
• Refine revocation mechanism – Three additional grounds for revocation are introduced in the 2023 draft for the protection of public interest. For two of the grounds that involve harm to public interest, the registered trade mark may be revoked ex officio without requiring an application.
• Trade mark transfer mechanism – Under the 2023 draft, the CNIPA can order the transfer of improperly registered trade marks directly to legitimate rights holders in invalidation proceedings, enabling genuine brand owners to recover hijacked trade marks while retaining the earlier filing date.

Additional procedural changes may include a shortened opposition period and modified appeal routes directing challenges to the courts rather than through secondary administrative review.

What this means for businesses

The advancement of the amendment to the Trade Mark Law signals China’s continued focus on combating malicious trade mark registration and promoting genuine trade mark use. Once enacted, businesses operating in China may face changes including:

• stricter scrutiny of trade mark applications, requiring clear evidence of use or intent and undertaking to use;
• increased compliance obligations including periodic use declarations;
• enhanced enforcement tools against malicious filings;
• potential changes to trade mark prosecution and opposition procedures.

Next steps

The Draft Amendment of the Trade Mark Law will now proceed to the NPC Standing Committee for legislative review. The timing of formal enactment remains uncertain since the legislative process may involve multiple readings and further revisions. The final version is likely to be published as it progresses through the legislative process.

Businesses with trade mark portfolios in China should monitor developments closely and consider reviewing their filing strategies and trade mark usage to align with the reforms.

Summary

The State Council’s approval represents an important milestone in China’s Trade Mark Law reform. While the specific provisions remain undisclosed, the amendment is expected to introduce significant changes aimed at curbing malicious filings and promoting genuine trade mark use. Businesses should prepare for potentially stricter compliance requirements and enhanced enforcement mechanisms once the amendment is enacted.

The original publication can be found here (Chinese only).

For more information on China’s Trade Mark Law amendment and intellectual property regulations in China, contact your CMS client partner or the CMS experts who wrote this article.

Article co-authored by Tana Bao, Paralegal at CMS.