Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
The enacted 2026 law more explicitly addresses applications without an intention to use that clearly exceed normal business needs, but the new text does not take effect until 1 January 2027.
Keep the two legal texts separate
The current 2019-amended Trademark Law, Article 4, rejects bad-faith applications not made for the purpose of use. CNIPA has an official interpretation of its examination guidance discussing how that rule is assessed. The revised 2026 law, adopted on 26 June 2026, states in Article 19 that an application not made for the purpose of use and clearly beyond normal production or business needs shall not be registered. Article 54 addresses specified malicious filing conduct that causes adverse impact. These are the enacted future provisions, not a statement that every large portfolio is unlawful today.
Why a foreign brand should care
A brand may file several versions or classes for genuine commercial plans. The review question is whether the portfolio connects to its business, mark use and planned goods or services, not simply the number of applications. Keep a documented filing rationale for each mark and class. If a third party files the brand’s sign, the brand should assess its earlier rights, the third party’s relationship and the facts of the application. “Bad faith” is a conclusion to substantiate with the governing legal ground and evidence, not a label that replaces proof.
Before publishing or responding
Mark the article version by effective date. For an application filed or challenged near 1 January 2027, ask a China professional to check the governing rule and final implementation measures. CNIPA’s summary of the revision gives a public explanation of the changes, but the statutory text and case facts remain central. Do not promise rejection, invalidation or a penalty from a generic description of Article 19 or 54. ## Questions to resolve before action
- What concrete business need supports the portfolio?
- Which statutory ground governs this application date?
- What evidence shows the applicant’s intent or relationship?
- Is the 2026 rule already in force for this matter?
Official sources and scope
- https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html
- https://www.cnipa.gov.cn/art/2026/6/26/art_3686_206940.html
- https://www.cnipa.gov.cn/art/2026/7/10/art_3686_207146.html
- https://www.cnipa.gov.cn/art/2022/2/8/art_66_173092.html
As checked on 2 November 2026, the 2019-amended Trademark Law is the current law. The revised law was adopted on 26 June 2026 and is scheduled to take effect on 1 January 2027 (Article 87). A consultation draft is not an operative rule. Confirm the governing text and any final implementation or transition measure for the date of the specific matter. This article is ChanYond’s independent reading aid, not a CNIPA statement or case-specific legal advice.