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New Rules, New Risks: Navigating China’s 2027 Trademark Law

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On 26 June 2026, the Standing Committee of the 14th National People’s Congress passed a landmark revision of the Trademark Law of the People’s Republic of China, which will come into force on 1 January 2027. This marks the first comprehensive overhaul since the law’s introduction in 1983, expanding the framework from 8 chapters and 73 articles to 9 chapters and 87 articles.

More significantly, the revision reflects a fundamental shift in legislative philosophy – from a system that primarily encouraged registration to one that emphasizes genuine use and market order. For brand owners operating in or entering China, the transition period leading up to 2027 is strategically important.

Key Legislative Shifts

The revised law introduces several structural changes that will directly impact trademark filing and enforcement strategies.

1. Stricter Controls on Malicious Filings

The new law explicitly prohibits trademark applications filed without intent to use and exceeding normal business needs. To enforce this, the authorities have introduced quantitative examination criteria in updated guidelines:

  • Applying for 50 or more trademarks within 12 months without a clear commercial rationale
  • Filing 10 or more trademarks across unrelated industries in a single batch
  • Targeting well-known names, internet trends, or generic industry terms

Applications meeting these thresholds may be rejected at the examination stage, and applicants risk being placed on regulatory watchlists. This signals a decisive move against trademark hoarding and bad-faith filings.

2. Increased Liability for Deceptive Use

The law now classifies misleading use of registered trademarks as a punishable offence. This includes branding strategies that rely on wordplay or presentation likely to confuse consumers.

Penalties may reach up to five times the illegal gains, capped at RMB 250,000. Failure to rectify violations within a prescribed period may result in revocation of the trademark registration.

3. Recognition of Digital Use

Trademark “use” is now expressly extended to online and digital environments. Acceptable evidence includes:

  • E-commerce listings and online storefronts
  • Social media accounts and promotional content
  • Livestreaming and digital marketing activities
  • NFTs and digital collectibles displaying the mark

This clarification significantly lowers evidentiary uncertainty for online businesses and aligns the law with modern commercial practices.

4. Expanded Protection for Unregistered Well-Known Marks

Foreign brand owners entering China may benefit from enhanced protection even prior to registration. The revised law allows recognition of well-known trademark status, which can be invoked to support invalidation or opposition actions against bad-faith filings across different classes.

Enhanced Regulatory Oversight

The revised law also strengthens enforcement mechanisms and imposes greater compliance obligations.

1. Proactive Revocation for Non-Use

Authorities are now empowered to initiate revocation actions against trademarks that have not been used for three consecutive years, without requiring a third-party challenge. This increases the risk of maintaining defensive or unused registrations.

2. Earlier Evidence Cut-Off

The evidentiary window for proving use has shifted to the three years preceding the alleged infringement, rather than the commencement of legal proceedings. This limits the effectiveness of last-minute or “token” use.

3. Shortened Opposition Period

The opposition period has been reduced from three months to two months, requiring more efficient trademark monitoring and faster decision-making by brand owners.

4. Increased Liability for Trademark Agencies

Trademark agencies that knowingly assist in bad-faith filings may face administrative penalties, including suspension or revocation of their business licences. This is likely to improve overall filing quality and professional accountability.

New Types of Protection and Procedural Changes

The revision also introduces protections for emerging forms of branding and tightens procedural strategies.

  • Dynamic trademarks, including animated logos and sequential marks, are now explicitly recognised
  • Limitations have been placed on delaying tactics in examination and litigation, reducing opportunities for procedural abuse
Practical Implications for Brand Owners

The 2027 Trademark Law signals a transition from a volume-driven filing strategy to one focused on substantiated commercial use. Businesses should:

  • Review existing portfolios to identify unused or vulnerable marks
  • Ensure consistent and well-documented use, particularly in digital channels
  • Reassess filing strategies to avoid excessive or unjustified applications
  • Strengthen monitoring systems to meet shorter opposition timelines

For example, a company that previously filed broad defensive applications across multiple unrelated classes may now face rejection or regulatory scrutiny. A more targeted, use-based filing strategy supported by evidence will be essential.

Conclusion

China’s revised Trademark Law represents a decisive move toward a more disciplined and use-oriented trademark system. The emphasis is no longer on securing as many registrations as possible, but on demonstrating genuine commercial use and maintaining orderly competition.

Brand owners who proactively adapt their strategies – by aligning registrations with actual business activities and strengthening evidence of use – will be better positioned to protect and enforce their rights in this evolving legal landscape.

Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.

Estate issues in Hong Kong when French nationals are involved

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The settlement of a French national’s estate including assets in Hong Kong can be relatively costly, long, and problematic if simple precautions, such as the appointment of an executor, are not taken.

From a Hong Kong perspective, which law applies to an international estate?

To determine this, the distinction between movable and immovable property is used:

  • Movable property is governed by the law of the deceased’s “domicile” (a common law concept referring to one’s permanent home);
  • Immovable property is governed by the law of the place where it is situated, “Lex Situs“.
  • The notion of “domicile” is to be determined as a matter of priority since it can determine the law applicable to movable property.

To determine the “domicile” of a person, it is necessary to determine where the person intended to take up residence and whether he/she had severed his ties with his/her domicile of origin.

Whether the death took place in Hong Kong or not, regardless of the law applicable to the estate, as soon as the estate includes assets in Hong Kong, whether movable, such as a bank account, shares held in a securities account, or real estate, it will be necessary to go through the “Probate” procedure.

By “Probate”, we refer to a judicial procedure for the settlement of estates, specific to common law countries such as Hong Kong.

Dealing with estates in Hong Kong often confuses French nationals because the way estates are handled in France varies significantly.

Indeed in France, the notary takes charge of the entire procedure from the opening of the estate, the determination of the heirs to liquidation and sharing, including the inventory of assets. In Hong Kong this role is entrusted to an executor, whether professional or not.

Hong Kong law provides for two options:

  • appointing an executor by way of a will; and
  • the absence of a will and in this situation, relies on the law to appoint the administrator of the estate.

If an executor is not appointed, the settlement of the estate in Hong Kong will take longer, and the settlement of the estate relating to the property in France will be suspended during this time.

The Probate Procedure

The opening of the estate in Hong Kong requires the filing of an application with the Probate Registry, a division of the High Court of Hong Kong, for the issuance of a Grant of Representation Order, empowering the executor or administrator, as the case may be, to manage the estate. Once the Grant of Representation is obtained, the procedure does not stop there, as there are a certain number of other legal requirements to be met.

The process will be less troublesome in the presence of an executor appointed by the deceased in his will. Indeed, the administrator of an estate has to prove his capacity, which is all the more complicated when the deceased was a foreign national.

The importance of drafting a will in Hong Kong

In the absence of a will, the “Probate” procedure (which is already slow) is further lengthened.

For this reason, we strongly recommend that French nationals owning property in Hong Kong, or in another Common Law country, have a will drawn up in English to designate one or more executors.

It is important to emphasize that a Grant of Representation is required to take possession of the property in Hong Kong, even if French law applies to the whole estate. Banks will require this Grant of Representation to release funds held in an account in the deceased’s name, and this applies to other common law countries.

For French nationals who move from one country to another and hold property in several common law countries, there are simplified procedures to avoid having to obtain a Grant of Representation in each country.

Finally, it is essential to be reminded that when it comes to international estate matters, we must make a distinction between the following:

  • the determination of the law applicable to the estate, which determines the rules of devolution of the estate (the heirs and the share due to them);
  • the settlement of the estate (role of the notary in France/ Probate procedure in Hong Kong); and
  • inheritance tax.

In light of the above, the assistance of a lawyer to guide you through the successive steps of an estate (being at the stage of the planning or the opening of the Probate procedure) is fundamental.

If you need more hands-on assistance with your legal issues, we recommend to contact one of us at OLN. Our French practice has decades of experience advising French nationals on estate planning and can provide expert advice to help you protect your Hong Kong assets.

If you have any questions regarding your estate planning or other legal issues, feel free to contact us.

Disclaimer: This article is for reference only. Nothing herein shall be construed as Hong Kong legal advice or any legal advice for that matter to any person. Oldham, Li & Nie shall not be held liable for any loss and/or damage incurred by any person acting as a result of the materials contained in this article.