Adopted: June 26, 2026     

Effective Date: January 1, 2027

2. Updates of Registrable Subjects & Trademark Use

2.1 Motion Marks Explicitly Recognized as Registrable Subjects

Statutory Provision: Article 14

Practical Impact for Foreign Clients

Overseas enterprises with animated brand logos, video opening animations, APP dynamic visual identities and other motion‑based signs may now consider corresponding filings where appropriate in China. Such marks can obtain exclusive trademark protection, instead of relying solely on limited copyright protection or static image.

2.2 Online Commercial Use Legally Defined as Valid Trademark Use

Statutory Provision: Article 2

Practical Impact for Foreign Clients

Article 2 of the newly‑revised 2026 Trademark Law clarifies that online use may constitute evidence of trademark use. For foreign brands without offline business operations in China, purely online commercial behaviors—including e‑commerce sales, social‑media promotion, live-stream marketing and advertisement on official website— constitute valid statutory trademark use, which can effectively defend against cancellation based on non-use for consecutive 3 years.

Nevertheless, such use must still qualify as commercial use identifying the source of goods or services. Mere display of a trademark is insufficient to prove the use. A trademark shown on webpages without source‑distinguishing function shall not be regarded as trademark‑use under the Trademark Law.