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China: New Guidelines for Corporate Trademark Management Promoted

Published 30 March 2026 Sarah Xuan
On February 28, 2026, the Corporate Trademark Management Professional Committee of the Beijing Trademark Association organized the compilation of and released the Guidelines for Corporate Trademark Management (hereinafter referred to as the “Guidelines”).Positioned centrally as the “2025 Interpretation of Trademark System and Practical Guide for Going Global”, the Guidelines attempt to provide enterprises with a comprehensive governance solution integrated with institutional understanding, compliance operations, and dispute resolution, against the backdrop of deep adjustments to the domestic trademark system and the concurrent progression of Chinese enterprises’ globalized operations. This article will interpret the core content of the Guidelines for Corporate Trademark Management across four dimensions.
I. Five Key Policies Reflected in the Draft Amendment to the Trademark Law The Guidelines provide the following interpretations of the Trademark Law (Draft Amendment): First, regarding the principle of application “for the purpose of use”, the Guidelines consider this to be one of the most directionally significant institutional changes in this amendment. The Draft Amendment further clarifies that trademark applications that are “not for the purpose of use and obviously exceed the needs of normal production and business operations” shall not be granted registration; where the circumstances are serious and cause adverse effects, administrative penalties such as warnings and fines may be imposed. Accordingly, the Guidelines suggest that the traditionally broad approach of defensive and reserve registrations will be significantly compressed, and future trademark applications by enterprises must correspond more closely with actual, current, or reasonably foreseeable business plans. Consequently, the determination of the boundaries of “normal production and business needs” will become a key point of contention in future examination and enforcement practices.
Second, regarding examination and adjudication procedures, the Draft attempts to enhance the overall efficiency of trademark rights confirmation and procedural predictability by shortening the opposition period, clarifying rules for the suspension of proceedings, and determining the factual baseline for judicial review. The Guidelines specifically point out that the shortening of the opposition period after the preliminary approval announcement from three months to two months means that enterprises must establish higher-frequency and more accurate announcement monitoring and rapid decision-making mechanisms. Meanwhile, the “suspension of proceedings” and the judicial review rule of “based on the factual status at the time the contested decision or ruling was made” together constitute an important procedural basis for enterprises to handle complex rights confirmation disputes. It is particularly noteworthy that the Guidelines emphasize that under this institutional framework, enterprises can no longer rely on the supplementation of key evidence in subsequent litigation, but should present their factual and legal claims in full during the stage at the China National Intellectual Property Administration (CNIPA); otherwise, the uncertainty of subsequent remedies will be significantly increased.
Third, regarding trademark use obligations, the Guidelines consider the most prominent change in the Draft to be the construction of a dual-track liability system of “formal compliance + substantive integrity”. On one hand, trademarks should still be used normatively according to the approved registered samples and scope; on the other hand, the Draft adds a “substantive integrity” use obligation, explicitly prohibiting the use of registered trademarks in a manner that misleads the public. According to the analysis in the Guidelines, even if an enterprise does not significantly deviate from the registered form in terms of the mark, if its overall manner of use—combined with false advertising, exaggerated statements, intentional blurring of commercial relationships, or implying non-existent certifications or functions—is sufficient to cause public misperception regarding the quality, source, provider, or other characteristics of the goods, it may still constitute a violation of the law. This indicates that the focus of trademark use supervision has shifted further from “legal appearance” to “the social effect of conduct and the bottom line of integrity”, and corporate trademark management must therefore be deeply integrated with compliance requirements under the Advertising Law and the Anti-Unfair Competition Law.
Fourth, the Draft clarifies the so-called “voluntary cancellation isolation period” system through an independent clause, whereby for one year from the date of the announcement of a trademark’s voluntary cancellation by the registrant, applications by others for registration of marks identical or similar to said trademark on the same or similar goods shall not be approved. The Guidelines evaluate this arrangement as directly blocking the path of achieving rapid rights maneuvers or circumventing obstacles through “cancellation + re-registration”, which helps prevent the transfer of trademark interests, circumvention of prior conflicts, or creation of transactional bargaining space through technical operations. For enterprises, this rule not only affects the disposal of rights but also has a substantive impact on trademark negotiations, asset adjustments, and brand exit and reorganization plans.
Fifth, the Draft further extends the scope of trademark protection to respond to the needs of innovative development and international operations. The Guidelines mention that cross-class protection for unregistered well-known trademarks is no longer predicated on “having been registered in China”, and simultaneously incorporates “dynamic marks” formally into the scope of trademark elements eligible for registration. This indicates that the Trademark Law is gradually moving from traditional static and planar mark protection toward institutional acceptance of digitalized and dynamic brand expression, providing a normative foundation for enterprises’ brand positioning in new commercial scenarios such as new media communication, interactive interfaces, and dynamic visual identification.
II. Response Strategies for Preventing Bad-Faith Registrations Regarding the issue of bad-faith registrations, the Guidelines propose more operational suggestions at two levels: domestic institutional feedback and overseas dispute counter-responses. The underlying logic is that the risk of bad-faith registration does not only exist on the side of an enterprise’s competitors but may also inversely affect the enterprise’s own existing registration habits under the background of institutional tightening. Therefore, enterprises need both to prevent bad-faith squatting by others and to avoid their own layouts being misidentified as improper applications.
At the domestic institutional level, the Guidelines suggest that enterprises actively participate in legislative feedback during the policy transition period, focusing on promoting the refinement of factors for judging “normal production and business needs” in subsequent supporting rules, and establishing reasonable exemption or consideration rules for defensive and reserve registrations based on actual business plans. The significance of this suggestion lies in the fact that if the relevant standards are too abstract or “one-size-fits-all”, they are highly likely to harm an enterprise’s normal brand extension, market reservation, and risk prevention arrangements. In other words, the Guidelines do not advocate for the tolerance of hoarding-style applications, but rather for the establishment of more sophisticated proportional rules between cracking down on bad faith and safeguarding reasonable commercial forecasting.
Regarding the issue of overseas squatting, the Guidelines propose a combined path of “law first, negotiation in parallel, precise procedures, and solid evidence”. This judgment aligns closely with the current practical reality of cross-border trademark disputes: relying solely on litigation is often costly, time-consuming, and uncertain in outcome, while relying solely on commercial settlement is easily subject to insufficient evidence and bargaining imbalances. Therefore, enterprises should accurately select procedures such as revocation, opposition, or invalidation based on the characteristics of the target country’s system, and establish a complete evidentiary system around three types of key evidence: evidence of prior rights, evidence of trademark reputation, and evidence proving the other party’s subjective bad faith. The latter is particularly important; for example, facts such as a prior commercial cooperative relationship between the parties, the squatter’s bad record of bulk-registering others’ brands, or the timing of their application highly coinciding with the point of market entry, often directly affect the direction of the case.
At the same time, the Guidelines do not exclude commercial negotiations but regard them as a strategic supplement to legal procedures. The basic approach is: when the evidence is strong, the other party’s risk expectations can be intensified through a lawyer’s letter to prompt speculative squatters to voluntarily withdraw; in scenarios where evidence is somewhat insufficient but time costs are extremely high, disposal can be completed rapidly through the payment of reasonable consideration based on risk assessment. This reflects a relatively mature practical view: the goal of trademark dispute resolution is not always to “win a judgment”, but to restore the enterprise’s brand operation order at the lowest comprehensive cost.
III. Strengthening Compliance Implementation of Use Obligations Compared to the traditional focus of enterprises on “whether registration is possible”, the Guidelines emphasize more on “how to use continuously, authentically, and compliantly”. This change is precisely a response to the addition of substantive integrity obligations in the Draft Amendment and the possibility of administrative organs actively revoking trademarks that are “registered but not used”.
First, at the compliance level, the Guidelines require enterprises to establish the fundamental principle of “authenticity first”, strictly prohibiting the use of unregistered trademarks that are deceptive or misleading, and prohibiting the improper promotion of well-known trademarks. More importantly, enterprises should strictly follow the graphics and scope of goods and services approved in the Trademark Registration Certificate for normative use; any “artistic” adjustments, layout restructuring, addition or deletion of elements, or the actual effect after overlapping with other identification elements should undergo prior legal assessment. This requirement may seem strict, but it is actually intended to prevent enterprises from accumulating systemic legal risks due to “slight deformations” in marketing creativity, packaging design, and channel promotion.
Second, the Guidelines elevate use evidence management to the level of an enterprise’s daily governance mechanism. It clearly proposes that, in the face of risks of “ex officio revocation” and overseas revocation for continuous non-use, enterprises cannot wait until a dispute occurs to temporarily collect materials. Instead, evidence generation mechanisms should be embedded into daily core processes such as contract signing, invoice circulation, advertisement release, packaging design, and sales outbound delivery, forming a cross-departmental linked evidence retention and archiving system. Its goal is not just to prepare for potential disputes, but to make the formation and retention of use evidence a standard action in the coordinated operations of departments such as marketing, sales, product, and legal.
Third, regarding the overseas use evidence system, the Guidelines propose the construction of a systematic “evidence firewall” around four core elements: “trademark, goods or services, time, and territory”. Specifically, transactional evidence such as contracts, orders, invoices, and customs declaration documents; market promotion evidence such as advertising placements, exhibition materials, platform pages, and social media promotion records; and product circulation evidence should all be classified and archived according to the evidentiary logic acceptable for judicial or administrative review. For enterprises going global, this “peace-time as war-time” evidence governance often determines whether they can quickly and effectively retrieve materials sufficient to support legal claims when encountering revocation, non-infringement defenses, or enforcement actions.
IV. Governance Solutions for Overseas Trademark Disputes The second half of the Guidelines defines overseas trademark dispute resolution as a systematic project rather than isolated litigation. This positioning is crucial because what enterprises encounter overseas is not merely a single-point event of “being squatted” or “being sued”, but often a complex issue where market entry, rights layout, use norms, channel control, platform governance, and dispute disposal are intertwined. According to the framework established by the Guidelines, mature overseas trademark governance should be divided into three levels: front-end risk early warning, mid-end dispute response, and back-end long-term governance. At the front-end risk early warning stage, the Guidelines emphasize that enterprises must conduct systematic risk assessments and FTO (Freedom to Operate) analyses before entering a target market, and complete sufficient prior rights searches and circumvention designs before application. This means enterprises cannot rashly enter overseas markets based solely on their domestic registration status, but should make localized feasibility judgments on the intended brand by combining local trademark systems, classification habits for goods and services, distribution of prior rights, linguistic and cultural differences, and regulatory requirements. At the same time, descriptions of goods and services should be strictly adjusted according to the examination norms of the target country to avoid rejection during the preliminary examination stage due to formal non-compliance.
At the mid-end dispute response stage, the Guidelines discuss three core scenarios: official rejection, opposition defense, and infringement disputes. For official rejections, enterprises can seek breakthroughs by comprehensively utilizing methods such as deleting non-core goods, supplementing restrictive explanations, submitting evidence of “secondary meaning”, and reaching coexistence agreements. For opposition cases, active defense should be maintained, supplemented by adjustments to the scope of goods and differentiated commercial negotiations to achieve linked resolution within and outside the procedures. When an enterprise is involved in an infringement dispute, if it is the defendant, it should complete a risk assessment as soon as possible and take measures such as taking down products to mitigate losses and preserving evidence, subsequently constructing multi-layered defenses such as non-infringement, prior use, and descriptive fair use. If it is the proactive party seeking enforcement, it should consider, in addition to civil litigation, the overall coordination of multiple enforcement tools such as administrative seizure, customs recordation, e-commerce platform complaints, and ADR (Alternative Dispute Resolution) to form a more efficient enforcement portfolio.
It is noteworthy that the Guidelines also specifically mention two high-risk scenarios: exhibitions and cross-border e-commerce platforms. The former requires enterprises to establish a rapid response mechanism for pre-exhibition screening, real-time disposal during the exhibition, and post-exhibition review, to prevent infringement disputes from fermenting rapidly in public scenarios. The latter requires enterprises to establish a graded response and dual-track combat mechanism according to platform rules—that is, on one hand, promptly responding to risks of takedowns, complaints, and account risks, and on the other hand, simultaneously advancing procedures for proof of ownership, counter-notifications, or substantive dispute resolution. These contents enable the Guidelines to transcend the level of traditional statutory interpretation and truly reach the front line of an enterprise’s overseas brand management business.
From a deeper perspective, what the Guidelines ultimately aim to promote is the transition of enterprises from “passively owning trademarks” to “actively operating trademarks”. Therefore, at the level of back-end long-term governance, it advocates that enterprises operate trademarks as core strategic assets throughout their full life cycle, establish a full-chain protection network of “prevention–monitoring–crackdown–resolution”, and promote collaboration among multiple departments such as legal, marketing, R&D, and sales, utilizing big data tools to conduct automated monitoring and early warning of global trademark dynamics and evidentiary materials. In this way, trademark protection is no longer merely a cost center but can be transformed into an important competitive capability that supports brand internationalization and maintains commercial order.
Conclusion
From the above content, the Guidelines for Corporate Trademark Management do not merely provide a concentrated summary of the changes in the trademark system around 2025, but rather establish an operational conversion mechanism between institutional evolution and corporate operations. It clearly indicates that the core of future corporate trademark management will no longer be the simple pursuit of the number of registrations or static holding of rights, but will revolve around a comprehensive governance of the legitimacy of application, the authenticity of use, procedural responsiveness, the level of evidence governance, and the capability for international dispute disposal. For Chinese enterprises, especially those with overseas layouts, these Guidelines suggest a new philosophy of trademark law governance: a trademark is both a legal right and a business order; it is both an intangible asset and an institutional interface in global competition.
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