AIPLA Comments on the Draft Trademark Law of the People’s Republic of China
Written February 11, 2026
Arlington, VA. February 9, 2026 – The American Intellectual Property Law Association (AIPLA) submitted comments to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress regarding the latest Draft Trademark Law of the People’s Republic of China. AIPLA recognized the NPC’s efforts to streamline trademark procedures, strengthen protection, and address abusive and bad-faith filing practices.
In its submission, AIPLA recommended relocating Article 24 to follow Article 18, explaining that restrictions on trademark agency filings are more appropriately treated as absolute grounds rather than relative grounds, thereby improving structural coherence and doctrinal clarity.
AIPLA also supported Article 22’s provisions targeting hoarding, squatting, fraud, and intentional harm, but urged narrowing or deleting sections relying on subjective standards such as “national/public interest” and “significant adverse impact,” which could create unpredictability and inconsistent enforcement, particularly for foreign applicants.
Finally, AIPLA recommended clarifying whether trademarks that clearly exceed normal business needs could be cancelled under Article 49 without requiring a three-year waiting period. Such clarification would enable later applicants to more efficiently clear blocking registrations while maintaining safeguards against abuse.
Click to the right to read the complete comments.