New Trademark Law (1 Jan 2027): 2-month opposition window and ex officio cancellation for 3-year non-use. Foreign brands need dated use evidence, online use included.
Tags:Part 1.Bad-faith Trademark Squatting: Earlier Opposition & New Fines
The revised Trademark Law brings two rule changes that directly reshape how foreign brand owners manage their trademark portfolio and monitoring workflow.
1. Opposition period shortened from 3 months to 2 months (Article 36)
The official goal is to speed up registration and reduce obstructive oppositions. The flip side: your time to oppose a squatter’s mark is reduced by one third.
Transitional rule (critical):
- Marks preliminarily published before 1 Jan 2027: old 3-month window applies
- Gazettes published on or after 1 Jan 2027: new 2-month window applies
- For international registrations, the reference date is the WIPO gazette date.
Practical action: You need to rebuild your trademark watch SOP for a two-month timeline. Do not wait until the alert arrives to collect evidence; prepare evidence packets in advance.
2. Ex officio cancellation of unused marks (Article 57)
Under the current law, non-use cancellation can only be initiated by a third-party request after three years of non-use.
From 2027, the trademark office may cancel marks unused for three years, as well as generic marks, on its own initiative (ex officio). This power also applies to marks registered before 2027.
Local market departments conduct investigations and report upward; the mark owner will receive a formal notice to submit use evidence before cancellation.
Two major implications for foreign brands:
1. Your dormant, “just-in-case” registrations become a liability. Wide defensive portfolios without genuine use now face cancellation risk. Valid evidence includes dated invoices, e-commerce records, ads, exhibition materials and customs filings.
2. Online use is now explicitly recognised under the law (Article 2). Use via internet, e-commerce listings, livestream and short-video promotion counts equally as offline use. This is the most accessible form of evidence for overseas brands.
Key takeaway
This revision pushes the whole system toward “use-based trademark protection”. The weeks before 1 January are your best chance to audit your portfolio and organise dated use evidence.
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