The short answer: China's revised Trademark Law was adopted on June 26, 2026, but takes effect on January 1, 2027. On September 28, the China National Intellectual Property Administration (CNIPA) released a draft measure on how some trademark matters would cross that date. Under the proposal, the date CNIPA decides certain pending matters and the date a mark is published for preliminary approval can matter more than the date the application was filed. The transition measure is open for comment through November 12, 2026; it is not yet a final rule. Official sources were checked on October 4, 2026.
Two different legal statuses to keep in view
The 2026 revised Trademark Law is enacted. Article 87 sets January 1, 2027 as its effective date and says marks registered before then remain valid. The September 28 CNIPA notice publishes a separate draft transition measure and its drafting explanation. CNIPA invites comments by November 12. Its proposed details may change before adoption.
For a U.S. brand owner or its U.S. law firm, the practical task is to identify each Chinese application's current stage, not to apply a blanket “file before 2027” rule. The draft addresses CNIPA administrative matters. It does not settle every question about court proceedings or every calculation of a filing deadline.
Pending filings: the proposed decision-date rule has exceptions
Draft Article 2 covers several requests submitted to CNIPA before January 1, 2027—including trademark registration, opposition, refusal review, nonregistration review, change, assignment, renewal, voluntary deregistration (注销) of a registered mark and license recordal. If CNIPA makes its administrative decision or ruling on or after that date, the draft says the revised law would apply. The proposal therefore does not simply preserve the old law for every matter filed in 2026.
The same article gives two important qualifications. For an invalidation or invalidation review involving a mark registered before 2027, a CNIPA decision on or after January 1, 2027 would use the revised law for procedure but the law in force when that mark was registered for substantive issues. For a revocation request or revocation review (撤销、撤销复审) filed before 2027 and decided on or after January 1, 2027, procedural issues would use the revised law while substantive issues would use the pre-revision law. These are proposed administrative transition rules, not a prediction of how any individual case will be decided.
The draft also discusses the relationship between the revised law and the existing implementing regulation while that regulation is being revised. That is another reason to check the final measure and the current CNIPA notice for an actual file rather than relying on a dated blog summary.
Opposition clock: the proposed cutoff is publication, not filing
Under Article 33 of the Trademark Law now in force, eligible opponents have a three-month period from preliminary-approval publication. Article 36 of the enacted 2026 revision provides a two-month period. Draft Article 4 proposes the bridge: for a domestic application published for preliminary approval before January 1, 2027, calculate the opposition period under the old law; for one published on or after that date, use the revised law. A 2026 filing date alone would not lock in the three-month period if its preliminary approval is published in 2027.
For an international registration designating China, the same draft article uses the WIPO publication date to choose the old or revised law. That date is a proposed transition cutoff, not a statement that the opposition clock necessarily starts on the WIPO publication day. The existing Trademark Law Implementing Regulations, including Articles 12 and 45, contain separate rules on calculating time and Madrid-related oppositions. Ask China counsel to calculate the exact deadline from the relevant official publication and the rules in force at the time.
Our earlier China trademark opposition guide explains monitoring and evidence preparation. The new point here is the CNIPA proposal for choosing which law governs a case that crosses January 1.
A transition file to build now
Before a deadline becomes urgent, give the person handling the China portfolio one record for each affected mark:
The owner, mark, China application or registration number, designated goods or services, and any Madrid designation.
The filing or request date, current CNIPA status, and whether CNIPA has already issued a decision or ruling.
The official preliminary-approval publication date, if any; for a Madrid designation, retain the relevant WIPO publication record as well.
The next possible action—opposition, response, review, renewal, assignment or another request—and the party responsible for monitoring it.
A separately checked deadline with the source used for its calculation. Recheck it when final transition rules appear.
This is a working checklist, not a claim that CNIPA requires every item in this format. A U.S. company with no regular residence or business office in China should also confirm its required China trademark-agency arrangement; our foreign-applicant filing guide covers the applicant and document handoff. For a broader view of the enacted law, see our 2027 Trademark Law overview.
Common questions
Is the two-month opposition period already in force?
No. The revised law takes effect on January 1, 2027. The current law has a three-month period. CNIPA's proposed transition rule for publications around that date is still a draft as of October 4, 2026.
Does filing a China trademark application in 2026 guarantee the old opposition period?
No. Under CNIPA's proposal, the preliminary-approval publication date, rather than the application filing date, determines which opposition-period rule applies. Check the final adopted measure before using this approach in a live case.
Does a Madrid designation use the same publication record as a domestic filing?
The draft treats them separately: it points to WIPO publication for the transition cutoff for international registrations. The exact opposition deadline still needs a case-specific calculation under applicable rules. Do not treat the cutoff date as a complete deadline formula.
If your U.S. business or law firm has Chinese marks or applications that may remain open into 2027, contact China IP Pro about trademark support with the mark number, a nonconfidential summary of the issue, your budget range and decision timeline. Law firms and IP agencies may use our foreign-associate service. We can scope a review of the record and next steps; no registration, opposition or review outcome is guaranteed.
This article is general information, not advice on a specific deadline or case. The draft may change. Confirm the official record and current rules with qualified China counsel before acting.