1. An objective test for bad faith. An application filed without any intention to use, and clearly beyond the applicant's ordinary business needs, can now draw a warning and a fine of up to RMB 100,000 (approx. USD 14,800). Defensive bulk filings should be supported by evidence of use and a documented filing rationale.
2. A shortened opposition period. The opposition window is reduced from 3 months to 2 months. The one-year isolation period now applies only to voluntary cancellations, requiring faster monitoring and decision-making — a mark can be re-filed as soon as prior obstacles are cleared.
3. Motion marks become registrable, unless the movement itself is functional. Take stock of your motion assets and prepare specimens with written descriptions of the movement.
4. Cross-class protection for unregistered well-known marks, together with a new route for recognizing marks that are well known outside China. Keep records of earlier well-known determinations, and factor enforcement in overseas markets into your strategy.
5. A stronger use requirement. New provisions introduce ex officio cancellation and penalties for misleading use claims. The non-use defense is now anchored to the three years preceding the alleged infringement, actual use must match the registered specimen, and evidence should be filed by registration number.
How the amended law applies to cases straddling the effective date, along with the detail behind these changes, awaits the revised Implementing Regulations and the Trademark Examination and Review Guidelines.
