A Comprehensive Overview of the Amended PRC Trademark Law (1)

The Amended PRC Trademark Law | Effective January 1, 2027

Article 2 · Trademark Definition — Internet Use Counts as Use

Article 2: A trademark means a sign used to identify and distinguish the source of goods or services, including trademarks for goods and trademarks for services. The provisions of this Law governing trademarks for goods shall apply to trademarks for services. Use of a trademark means the act of applying the trademark to goods, to their packaging or containers, or to transaction documents relating to the goods, or of using it in advertising, exhibitions or other commercial activities, for the purpose of identifying and distinguishing the source of the goods. Such use includes use through the Internet and other information networks.

Why It Matters

By expressly confirming that “use on the Internet is also trademark use,” the amendment upgrades the Trademark Law from a statute governing mainly the physical world into one that effectively regulates both online and offline commercial activities, providing a solid legal foundation for the sound development of the digital economy.