China’s Supreme People’s Court opened a consultation on 14 September on two draft judicial interpretations: one addressing which version of the Trademark Law applies to a dispute, the other covering judicial review of trademark registration and validity decisions. Comments are due by 28 October 2026. The revised law takes effect on 1 January 2027; the interpretations remain proposals. Under the transition draft, the relevant date would vary by proceeding, with review decisions, registration approval decisions and the start of revocation proceedings among the proposed reference points. Marks preliminarily published before the new law takes effect would retain the previous three-month opposition period.
The judicial review text addresses well-known mark protection, distinctiveness of foreign-language and three-dimensional signs, pre-emptive registrations and evidence of use. It also presents competing approaches to changes in facts after an administrative decision, leaving that issue open. JCIPO recommends mapping the key dates in pending cases against the proposed transition rules and keeping the underlying notices and decisions alongside evidence of consumer recognition, actual use and contacts between the parties. Those records can inform consultation responses, while litigation planning should be checked against the final rules once issued.
