In December 2025, the 19th meeting of the Standing Committee of the 14th National People's Congress reviewed the "Revised Draft of the Trademark Law of the People's Republic of China" (hereinafter referred to as the "Revised Draft"). This revision focuses on prominent issues in the trademark field such as "frequent malicious registrations, lack of prominent annotations, and high costs of rights protection", and optimizes and improves the rules for the entire chain of trademark registration, use, and protection. This article will analyze the core modification clauses of the revised draft, including their key points, specific impacts on market entities, and provide practical suggestions that can be implemented to help enterprises accurately safeguard their trademark rights in the new governance environment.

1 Further opening up of trademark constituent elements

Article 14: "Any mark, including text, graphics, letters, numbers, three-dimensional marks, color combinations, sounds, dynamic marks, and combinations of the above elements, that can distinguish the goods of natural persons, legal persons, or non legal persons from those of others, may be applied for registration as a trademark

-Core modification points: The scope of registrable elements for trademarks has been expanded to include non-traditional trademark types such as "dynamic logos", in line with international trends in trademark protection.

-Positive impact: Providing broader brand protection space for enterprises, especially innovative ones, such as dynamic logos on short video platforms, product launch animations, and iconic dynamic clips in advertising videos, all of which can obtain trademark protection and strengthen brand uniqueness.

-Practical suggestions:

(1) Enterprises can consider incorporating recognizable dynamic effects, sounds, etc. into their brand system and applying for registration to lay out in advance.

(2) Retain design drafts and usage records of dynamic logos (such as advertising placements and product application scenarios) to provide evidence support for subsequent rights confirmation or protection.

2 Strengthening malicious registration regulations

Article 18: If a trademark registration is not intended for use and clearly exceeds the normal production and operation requirements, it shall not be registered. It is not allowed to apply for trademark registration by deception or other improper means.

Article 23: The application for trademark registration shall not harm the existing legitimate rights and interests of others, nor shall it intentionally preemptively register a trademark that has already been used by others and has a certain impact.

Article 53: If the applicant for trademark registration engages in any of the following malicious acts of applying for trademark registration, causing adverse effects, the department responsible for trademark enforcement shall give a warning and may impose a fine of up to 100000 yuan:

(1) Knowingly applying for registration as a trademark despite knowing that the logo violates the provisions of Article 15 of this Law;

(2) Applying for trademark registration in violation of Article 18 of this Law;

(3) Intentionally violating the provisions of Articles 20, 21, and 23 of this Law when applying for trademark registration.

-Core modification points: Article 18 clarifies that "applications for registration that are not intended for use and clearly exceed normal business needs" and "fraudulent or improper means" will not be registered, directly targeting the chaos of trademark hoarding and registration.The protection scope of "legitimate rights and interests" in Article 23 has been expanded compared to the previous "legitimate rights and interests", and "intentional registration" has reduced the burden of proof for rights holders compared to the previous "registration through unfair competition", which is more conducive to combating malicious registration.Article 53 clarifies and refines the subject, types, and specific scope of punishment for malicious application behavior, which is conducive to the implementation of legal provisions to combat malicious registration.

-Positive impact: The risk of enterprise trademarks being preemptively registered is significantly reduced, especially for trademarks with certain market influence but not yet registered, which can be combated according to Articles 18 and 23; The term "deception or improper means" in Article 18 is reflected in Article 44 of the old law, which can only be applied to crack down on registered trademarks. After revision, it can be applied to the entire process of application, opposition, and invalidation, increasing the crackdown on malicious registration.In addition, when a company encounters malicious registration, it can also hold the other party accountable for fines through administrative complaints, reducing the cost of rights protection.

-Potential challenges: Enterprise trademark applications require proof of "actual intention to use", and large-scale defensive registrations may be deemed "beyond normal business needs";Before applying, a comprehensive investigation of prior rights is required to avoid crossing the red line of "damaging prior rights" due to negligence.

-Practical suggestions:

(1) When applying for a trademark, prepare "proof of intention to use" materials simultaneously, such as business plans, product development documents, cooperation letters, etc., to avoid being identified as malicious hoarding.

(2) Establish a prior rights search mechanism, which not only checks registered trademarks, but also searches for unregistered but influential trademarks, enterprise names, unique names of well-known goods, etc., to avoid infringing on the prior rights of others.

(3) When malicious registration behavior is discovered, immediately raise objections or declare invalidity, and report to the trademark law enforcement department, claiming a fine of less than 100000 yuan, forming a dual rights protection of "right confirmation+punishment".

3 Trademark compliance upgrade

Article 56, Paragraph 1: "If a trademark registrant, in the process of using a registered trademark, changes the registered trademark, the registrant's name, address, or other registered matters on their own, or uses the registered trademark in a misleading manner to the public, the department responsible for trademark enforcement shall order them to rectify within a time limit; if they fail to rectify within the time limit, they shall be fined not more than 50000 yuan; if the circumstances are serious, the trademark management department under the State Council shall revoke their registered trademark

-Core modification points: The new law adds that the use of registered trademarks in a way that misleads the public will face a deadline for correction, fines of up to 50000 yuan, and revocation of registration in serious cases.On the one hand, it strengthens the compliance obligations of registered trademark owners, and on the other hand, it is also conducive to cracking down on malicious registrants who attempt to climb onto well-known trademarks through distorted use.

-Positive impact: The regulation of "misleading the public to use" can effectively curb infringement behaviors such as "near brand" and "borderline".

-Potential challenge: The compliance requirements for enterprise trademark management have increased. If the registrant's name and address are not changed in a timely manner, or if the font and graphics are modified without authorization when using the trademark, administrative penalties may be imposed;There is a risk of revocation for defensive trademarks that have not been used for a long time.

-Practical suggestions:

(1) Establish a trademark usage file system, retain annual usage evidence (such as product packaging, sales invoices, advertising materials, e-commerce platform display pages, etc.), and ensure complete continuous usage records.

(2) When there is a change in trademark registration matters (such as enterprise renaming or relocation), timely handle the change procedures to avoid punishment for "changing registration matters on one's own";When using a trademark, it shall not exceed the approved scope of goods and services, and the core logo features shall not be modified.

(3) Regularly conduct trademark compliance self inspections to identify the risk of "misleading public use". If the trademark is not used in a standardized manner, resulting in similarity to other well-known brands and being used on similar products, adjust the usage method in a timely manner.

4 Upgrading the supervision of collective trademarks and certification trademarks

Article 59: If the registrant of a collective trademark or a certification trademark commits any of the following acts, the department responsible for trademark enforcement shall order them to make corrections within a specified period of time;Those who refuse to make corrections shall be fined up to 10000 yuan;For serious cases, a fine of not less than 10000 yuan but not more than 100000 yuan shall be imposed:

(1) Neglecting to exercise trademark management responsibilities and causing harm to consumers;

(2) The collective trademark registrant does not allow its organizational members to use the collective trademark without justifiable reasons, or the certification trademark registrant does not allow eligible applicants to use the certification trademark without justifiable reasons;

(3) Violating this law, relevant administrative regulations, and national provisions by exercising the exclusive right to use a registered trademark, resulting in adverse effects.

-Core modification points: Clarify the three major illegal situations and penalties for collective trademarks and certification trademark registrants: those who neglect to fulfill their management responsibilities and harm consumer interests;Refusing members or eligible applicants to use without justifiable reasons;Those who violate the exercise of exclusive rights and cause adverse effects will face a fine of 10000 to 100000 yuan, and those with serious circumstances will be punished more severely.

-Impact on the registrant: The management responsibility has significantly increased, and it is necessary to establish sound usage management rules and standardize the licensing process, otherwise administrative penalties will be imposed.

-Impact on users: The threshold for joining collective trademark organizations or applying for the use of certification trademarks is clearer, which can avoid being rejected without justifiable reasons;If the registrant's negligence in management results in damage to their rights and interests, they may file a complaint with the law enforcement department.

-Practical suggestions:

1. Collective trademark registrants should establish clear membership admission standards, usage norms, and supervision mechanisms, regularly verify member usage, and avoid punishment for "negligence in management";It is not allowed to refuse the use of qualified organizational members without justifiable reasons.

2. Prove that the trademark registrant needs to publicly disclose the conditions for use and review process, promptly grant permission to applicants who meet the standards, establish a product quality supervision system, and ensure the credibility of the certification trademark.

When users discover that the registrant has violated their rights (such as unreasonably refusing to use or failing to fulfill their supervisory duties), they can report to the trademark law enforcement department, request correction and impose fines, and safeguard their own use rights.

5 Complete protection of well-known trademarks

Article 62, Paragraphs 2 and 3:

In the process of trademark registration examination and handling, investigating trademark illegal cases or investigating unfair competition cases, if the parties claim their rights in accordance with the law, the trademark management department of the State Council may confirm the well-known status of the trademark according to the needs of handling the case.

In the process of trademark civil, administrative or unfair competition cases, if the parties claim their rights in accordance with the law, the people's court designated by the Supreme People's Court may confirm the well-known status of the trademark according to the needs of the case.

-Core modification points: Newly added the recognition of well-known trademarks in cases of unfair competition.

-Positive impact: This amendment allows for the request for recognition of well-known trademarks in cases of unfair competition, significantly expanding the scope of protection for well-known trademarks.The parties involved do not need to be limited to trademark infringement disputes. When dealing with commercial confusion such as "riding on famous brands" and "free riding", they can directly claim stronger protection for well-known trademarks and prevent others from using their goodwill to engage in unfair competition.

-Practical suggestions:

(1) Evidence forward: Systematically accumulate and preserve evidence that proves the continued use, widespread promotion, and market awareness of the trademark (such as sales scope, advertising data, industry rankings, media reports), in order to quickly provide evidence in cases of unfair competition.

(2) Strategic linkage: In cases involving trademark infringement and unfair competition, it is possible to simultaneously advocate for the recognition of well-known trademarks, forming a stronger force for safeguarding rights.

(3) Risk prediction: If the use of commercial logos similar to well-known brands is involved in business operations, it is necessary to assess in advance the risks of being identified as unfair competition and triggering well-known trademark protection.

6 Strengthening the connection between infringement investigation and judiciary

-Core modification points:

Article 72 stipulates a two-way transfer mechanism between administrative law enforcement and criminal justice. Those suspected of infringement or crime shall be transferred to the public security organs, while those not held criminally responsible shall be transferred to law enforcement departments; At the same time, it is stipulated that if public security organs, people's procuratorates, and people's courts request the departments responsible for trademark law enforcement and trademark registration and management to provide professional support, recognition opinions, and assistance in harmless disposal of infringing goods, the relevant departments shall provide timely assistance.

Article 73 clarifies the five major investigative powers of trademark law enforcement departments and adds the enforcement power of “(5) in cases where evidence may be lost or difficult to obtain in the future, registration and preservation may be carried out first”.

-Positive impact: The efficiency of infringement investigation has been greatly improved, administrative law enforcement and criminal justice are seamlessly connected, and major infringement cases can be quickly held accountable; The expansion of the powers of law enforcement departments has made it more convenient to fix evidence of infringement, and the success rate of rights holders' rights protection has increased.

-Practical suggestions:

(1) When encountering infringement, priority should be given to filing a complaint with the trademark law enforcement department, submitting clear evidence of infringement (such as photos of infringing goods, purchase receipts, comparative analysis reports), and quickly stopping infringement with the power of seizure, on-site inspection, etc.

(2) If the infringement is serious (such as a large amount of illegal business and repeated failure to reform), actively apply to the law enforcement department to transfer the case to the public security organs, pursue criminal responsibility, and form a strong deterrent.

(3) Cooperate with law enforcement agencies to investigate, provide professional support such as trademark registration certificates, evidence of use, and infringement comparison opinions, and accelerate the process of case investigation and prosecution; If there is a dispute over ownership, promptly explain to the law enforcement department and submit a notice of litigation acceptance to avoid idle procedures.

7 Infringement compensation and punishment increase

-Core modification points: The standard for applying punitive damages has been revised from "malicious infringement of trademark exclusive rights" to "intentional infringement of trademark exclusive rights". The new law stipulates that "the amount of compensation for infringement of trademark exclusive rights shall be determined according to the actual losses suffered by the right holder due to infringement or the benefits obtained by the infringer due to infringement". The order of compensation has been changed from the original order of considering the actual losses suffered by the right holder due to infringement first, and then considering the benefits obtained by the infringer due to infringement, to the same order of loss and profit for the right holder.

-Positive impact:

(1) Lowering the threshold for punitive damages: The subjective criteria for determining "intent" are clearer and lower than those for "malice", making it easier for rights holders to provide evidence and significantly increasing the probability of obtaining punitive damages, which can cover more common intentional infringement scenarios.

(2) More flexible compensation calculation: The compensation order has been changed to the same order, and the rights holder can choose a path that is easier to prove (such as prioritizing claims when the infringer's profit evidence is easy to obtain), or a way that is easier to obtain high compensation, avoiding the dilemma of rights protection due to the difficulty of proving actual losses, shortening the compensation accounting cycle, and obtaining high compensation.

-Practical suggestions:

(1) Fixed "intentional" evidence: Preservation of evidence such as the infringer's knowledge of trademark rights, infringement despite receiving warnings, and counterfeiting in the same industry (such as emails, business records, sales records of infringing products, etc.).

(2) Prioritize choosing the optimal compensation path: Based on sufficient evidence and the amount of compensation received, select the optimal compensation method, while advocating for reasonable expenses to improve compensation efficiency and amount.

8 Implementation of malicious litigation regulation

Article 78: Those who maliciously file trademark lawsuits shall be punished by the people's court in accordance with the law;If it causes losses to the other party, it shall bear civil liability in accordance with the law.

-Core modification points: Clarify the legal responsibility for "maliciously filing trademark lawsuits": People's courts may impose penalties in accordance with the law, and those who cause losses to the other party shall bear civil compensation liability.

-Positive impact: Effectively curbing chaos such as "collision style litigation" and "abuse of rights", enterprises do not need to spend a lot of time and cost on trademark litigation without justifiable reasons;When encountering malicious litigation, one can counterclaim and demand compensation for losses.

-Potential challenge: When filing a trademark lawsuit, companies need to ensure that there are legitimate reasons to avoid being identified as "malicious litigation" due to insufficient evidence and unstable rights foundation.

-Practical suggestions:

(1) Before filing a trademark lawsuit, comprehensively verify the legality and stability of the rights foundation, ensure that the trademark registration is legal and effective, the infringement facts are clear, and the evidence is sufficient, and avoid blind litigation.

(2) In the event of malicious litigation, timely raise objections and submit evidence to prove the other party's malicious intent (such as the other party's trademark being obtained through registration, having no actual intention of use, and filing similar lawsuits multiple times), and at the same time counterclaim for compensation of actual losses such as lawyer fees and lost wages.

(3) After winning the lawsuit, the effective judgment can be used as evidence. When the other party files a similar lawsuit again, it is claimed that it constitutes malicious litigation, and the court is requested to punish it according to law and demand that the other party bear civil liability.

9 Conclusion

The fifth revision of the Trademark Law not only provides more solid rights protection for honest and trustworthy enterprises, but also puts forward higher requirements for trademark compliance management of market entities.Faced with the new legal environment, enterprises need to abandon the traditional thinking of "heavy registration, light use, and weak management" and establish a trademark protection model that is "compliant application, evidence-based use, precise rights protection, and systematic management".It is recommended that companies regularly conduct trademark compliance examinations, optimize their trademark layout based on their own business characteristics, and make good use of the rights protection tools provided by the revised draft when their rights are infringed, while also preventing legal risks they may face due to illegal operations.

As an intellectual property legal service agency, we will continue to track the legislative process of the revised draft, provide full process legal support for enterprises, help them steadily and far on the road of brand building, and fully enjoy the institutional dividends brought by intellectual property protection.