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Q&A of Comparison Between the Old and New Trademark Laws of China (1)
| Q: |
When will the newly revised Trademark Law of 2026 officially take effect? |
| A: |
The new Trademark Law will officially take effect on January 1, 2027. The current 2019 version will be repealed simultaneously. |
| Q: |
What new types of registrable trademarks have been added compared to the old law? |
| A: |
Dynamic marks have been newly added as registrable trademarks. Dynamic elements such as app launch animations and brand signature gestures can now be applied for trademark registration. |
| Q: |
What new restrictions does the new Trademark Law impose on malicious hoarding of trademark registrations? |
| A: |
The new law stipulates that hoarding registration that clearly exceeds normal business needs can be directly exempted from registration. Those who cause adverse effects can also be fined up to 100000 yuan, providing legal protection for enterprises that are maliciously registered and hoarded trademarks. |
| Q: |
Has the trademark opposition period changed in the new Trademark Law? |
| A: |
Yes. The trademark opposition period has been shortened from 3 months under the old law to 2 months under the new law. The objection cycle after preliminary approval has been significantly compressed, which will notably speed up the approval process. |
| Q: |
Does the new Trademark Law recognize trademark use on the Internet? |
| A: |
Yes. The new Trademark Law explicitly recognizes trademark use in online/Internet scenarios as having the same legal validity as offline commercial use, adapting to the needs of e-commerce and online brand operations. |