China's Revised Trademark Law (2027): Unused Marks Can Be Cancelled Ex Officio

China's revised Trademark Law, adopted on 26 June 2026, applies from 1 January 2027. For foreign brand owners holding Chinese registrations, two changes matter most. A registration that has not been used can now be cancelled by the trademark authority on its own initiative, not only at a competitor's request. And filings that clearly exceed genuine business needs can be refused and fined. Our Weekly IP Brief summarised the change; this guide explains what it means for foreign portfolios and what to do before 1 January 2027.

What the new law changes

• Ex officio non-use cancellation: Article 57 keeps the rule that any entity or individual may request cancellation of a registration that has not been used for three consecutive years without a justifiable reason, and adds that the trademark authority "may cancel" such a registration itself.
• Warehoused filings refused: under Article 19, an application filed "not for the purpose of use and clearly exceeding normal production and business needs" will not be registered.
• Fines for warehousing: under Article 54, an applicant who files in breach of Article 19 may receive a warning and a fine of up to RMB 100,000.

Under the current law (2019 amendment), non-use cancellation is Article 49 and can only be started by a third party's request. The current rules apply until the new law takes effect. Implementing rules and procedures will follow from CNIPA.

Why it matters for foreign brand owners

1. Defensive filings are more exposed. Many foreign companies register in China early and broadly, including marks for products not yet launched there. Until now, an unused registration usually survived unless someone attacked it. From 2027, the authority can clean it up.
2. Use in China is what counts. Use abroad, or goods made in China only for export under a contract manufacturer, needs careful documentation. Keep evidence that links the mark to the registered goods in the Chinese market or to the export activity relied on, and take advice on borderline cases.
3. Licensee use must be documented. Use by a Chinese distributor, subsidiary or licensee counts as your use, but only if the licence and the licensee's own use evidence are in order. See Licensing a Trademark in China.

Five steps before 1 January 2027

1. Audit the portfolio: registration numbers, classes, registered goods, registration and renewal dates, and which goods are actually sold in China.
2. Build an evidence file per mark and per product: sales contracts, invoices, photos of goods and packaging bearing the mark, advertising, trade fairs, e-commerce listings, all dated within the last three years and matched to the registered goods.
3. Decide on unused marks: start genuine use, let them lapse at renewal, or refile when a launch is actually planned. Token use created only to save a registration is easily rejected.
4. Put licences in writing and record them, and ask Chinese partners to keep their use evidence.
5. Plan future filings around real business: classes and goods that match product plans, with an internal record of why each filing was made.

The other side: clearing blocking marks

The change also affects other people's marks. A squatted or unused registration blocking your brand may in future be cleaned up by the authority, but for now you should still file a non-use cancellation yourself rather than wait. See opposition, invalidation and non-use cancellation.

Frequently asked questions

Will existing registrations be affected? Ex officio cancellation targets registrations unused for three consecutive years without justification. How the period is counted and how owners are notified depends on the implementing rules, so it is safest to assemble three years of evidence now.

Can a registration be cancelled for only some goods? Yes. Non-use cancellation can cover part of the registered goods, so evidence should be organised goods by goods.

What about a renewal coming up in 2026? Renewal does not require use evidence, but it is a good moment to decide whether an unused mark is worth keeping. See Keeping a China Trademark Alive.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We review Chinese portfolios, organise use evidence and handle non-use cancellations for foreign brand owners, see our renewal and maintenance service. Patent filings are handled through an affiliated patent agency.