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Non-traditional trademarks in China have entered a new era. The near-final 2026 amendment to China’s Trademark Law formally expands the catalogue of protectable signs, making it clearer than ever that colour marks, three-dimensional shape marks and sound marks can qualify for registration, provided applicants meet heightened evidence thresholds set by the China National Intellectual Property Administration (CNIPA). For foreign brand owners that have invested years in building distinctive packaging, sonic identities or signature colour schemes, the amendment creates both opportunity and urgency.
This practical guide walks in-house counsel and trademark managers through every stage, from deciding whether a non‑traditional filing is viable, to assembling CNIPA-ready evidence, drafting bilingual submissions, and enforcing registered rights across administrative, civil and customs channels in mainland China.
Yes, colour, shape and sound marks can all be registered as non-traditional trademarks in China, but each category carries distinct depiction requirements and evidentiary burdens. CNIPA’s Examination and Adjudication Guidelines on Distinctive Characteristics treat non-traditional signs as inherently less distinctive than word or device marks, meaning applicants must usually demonstrate acquired distinctiveness (secondary meaning) through extensive market evidence. Understanding how CNIPA classifies each mark type is the essential first step before committing resources to a filing.
A colour trademark in China may consist of a single colour or a defined combination of colours applied to specific goods or services. CNIPA requires the application to include a colour sample reproduced to exact Pantone or similar colour-standard references, together with a written description specifying where the colour appears on the product or packaging. Single-colour marks face the highest distinctiveness hurdle: the applicant must prove that the relevant Chinese consumer segment associates that particular colour, applied in that particular way, exclusively with the applicant’s brand. Successful registrations have typically involved colours used continuously for a decade or longer, supported by advertising expenditure data, packaging photographs and consumer recognition surveys.
CNIPA examiners will reject applications where the colour is deemed functional, decorative or commonplace in the relevant product category.
Three-dimensional shape marks have the longest track record among non-traditional marks in China. Product packaging shapes, bottle designs and distinctive container forms may qualify, provided they are not dictated solely by the nature of the goods, are not necessary to achieve a technical result, and do not merely add substantial value to the goods. CNIPA’s guidance requires applicants to submit multi-angle photographs or technical drawings showing the shape from at least three perspectives. Industry observers note that shape marks derived from well-known international packaging, such as distinctive beverage bottles, have achieved registration when backed by decades of continuous Chinese market presence and substantial promotional evidence.
Sound mark registration in China became formally possible with the 2014 Trademark Law revision, and the 2026 amendment reinforces this category. To file a sound mark, applicants must submit an audio file (typically MP3 format) together with a staff notation or numbered musical notation of the sound, plus a written description of the sound’s characteristics. CNIPA treats simple, common or functional sounds, such as generic chimes or standard ringtones, as lacking distinctiveness. Successful sound mark registrations have generally involved highly distinctive jingles or melodic sequences used consistently in broadcast advertising over extended periods. The audio file itself must be clear, complete and match the submitted notation exactly.
The 2026 amendment to China’s Trademark Law introduces several changes that directly affect how foreign brands register non-traditional marks. The draft, released for public comment in late December 2025, was analysed extensively by practitioners throughout early 2026, and CNIPA has been issuing supplementary Q&A guidance to clarify examination practice. Three changes matter most for non-traditional mark applicants.
| Date | Event | Practical Impact |
|---|---|---|
| Dec 27, 2025 | NPC draft amendment released for public comment | Signals incoming change, begin preparing evidence portfolios and filing strategy. |
| Jan 5, 2026 | Major law firm briefings and commentary published | Legal community begins advising clients on non‑traditional mark protection. |
| Jan–Jun 2026 | CNIPA issues supplementary Q&A guidance (ongoing) | Practice guidance shapes acceptability criteria and evidence standards in real time. |
| Jun 21, 2026 | Article last reviewed | Current benchmark for client guidance and filing preparation. |
The likely practical effect of these changes will be a surge in non-traditional mark applications filed by well-resourced foreign brands, coupled with a higher refusal rate for underprepared filings. Early indications suggest that CNIPA examiners are scrutinising evidence quality more closely than in prior years, making thorough preparation indispensable.
Foreign brands seeking to register non-traditional trademarks in China should follow a structured, evidence-first filing process. Rushing an application without adequate preparation risks a provisional refusal that can delay protection by twelve months or more.
Before filing, conduct a comprehensive clearance search on the CNIPA trademark database, covering both identical and similar marks in the target Nice classes. Pay particular attention to registered colour or shape marks held by Chinese domestic competitors, these can block or narrow your application. Assess whether the mark you intend to register is functional, decorative or merely ornamental in your product category, as these features are statutory bars to registration. Finally, review your own global portfolio to confirm that the non-traditional element has been used consistently in China, not just in other jurisdictions.
CNIPA’s technical requirements for non-traditional mark depictions are strict. For colour marks, submit a colour sample in JPEG or TIFF format at a minimum resolution of 300 DPI, accompanied by a Pantone reference code and a written description (in Mandarin) specifying the exact placement on the product. For shape marks, provide multi-angle photographs or CAD-generated technical drawings from at least three perspectives. For sound marks, submit an MP3 audio file no longer than the relevant jingle or sonic element, together with staff notation and a textual description. All depictions must be internally consistent, any mismatch between the visual/audio file and the written description will trigger an office action.
Foreign applicants have two primary routes: a national filing directly with CNIPA (through a locally licensed Chinese agent), or an international registration designating China via the Madrid Protocol. National filings allow closer coordination with the agent on evidence submissions. Madrid filings offer administrative convenience but may result in more detailed substantive examination when CNIPA examiners raise provisional refusals specific to non-traditional marks. Standard CNIPA examination timelines run approximately nine months from filing to initial examination, though non-traditional mark applications frequently attract office actions that extend the overall timeline. For a deeper comparison, see the Madrid vs national filing section below.
Sample CNIPA filing description, colour mark (English): “The trademark consists of the colour red (Pantone 485 C) applied to the entire outer surface of the product packaging for goods in Class 30.”
商标说明（中文示例）： “该商标由红色（Pantone 485 C）构成，使用于第30类商品的外包装整体表面。”
Sample CNIPA filing description, sound mark (English): “The trademark consists of a four-note ascending melodic sequence played on a piano, as depicted in the attached staff notation and audio file.”
商标说明（中文示例）： “该商标由钢琴演奏的四音升序旋律组成，详见所附五线谱及音频文件。”
CNIPA requires applicants for non-traditional marks to demonstrate that the sign has acquired distinctiveness through use, meaning the relevant Chinese public associates the colour, shape or sound exclusively with the applicant’s goods or services. Generic claims of global fame are insufficient. Every piece of evidence should relate specifically to use, recognition and market presence within mainland China.
| Evidence Type | Most Useful For | Notes on CNIPA Reception |
|---|---|---|
| Long‑term use photographs (packaging, point‑of‑sale displays) | Colour & shape marks | High weight when showing exclusive, continuous use and consumer recognition over time. |
| Advertising expenditure data and market share reports | All non‑traditional marks | Quantitative evidence is strongly favoured; include annual breakdowns for the China market. |
| Consumer recognition surveys | Colour & sound marks | Must be methodologically sound; include the full questionnaire, raw data and a sworn declaration from the survey conductor. |
| Licensing and distribution agreements | Shape & colour marks | Demonstrates commercial recognition and controlled, exclusive use. |
| Audio files with time‑stamped broadcast logs | Sound marks | Provide metadata, broadcast schedules and media‑buying invoices as corroboration. |
| Customs import/export records | All non‑traditional marks | Official records carry significant weight; shows scale and continuous commercial presence. |
| Press coverage and social media metrics (China platforms) | All non‑traditional marks | WeChat, Weibo and Douyin engagement data showing consumer association with the mark. |
| Third‑party testimony and expert declarations | Colour & shape marks | Notarised statements from industry participants or academic experts add credibility. |
Consumer surveys are particularly important for colour marks and sound marks, where inherent distinctiveness is hardest to establish. CNIPA examiners expect surveys to meet several methodological standards. The sample population must be representative of the relevant consumer group in China, not a global panel. Questions should be neutrally phrased, avoiding leading language that suggests the “correct” answer. The survey report must include the full questionnaire, sampling methodology, raw response data and a signed declaration by the survey firm confirming its independence. Industry observers expect that surveys demonstrating recognition rates above 50 per cent among the target consumer segment carry substantial persuasive weight, though CNIPA has not published a formal numerical threshold.
Poorly designed surveys, those using convenience sampling, biased wording or aggregated-only data, are routinely disregarded by examiners and may undermine the overall application.
A well-organised submission significantly improves examination efficiency and reduces the risk of office actions. Practitioners experienced in CNIPA filings for non-traditional trademarks in China recommend structuring the evidence package in a standardised exhibit format, with each exhibit clearly labelled in both English and Mandarin.
Recommended exhibit index:
All Chinese-language documents should be originals or notarised copies. Foreign-language documents require certified Chinese translations. Use consistent file naming conventions (e.g., “ExhibitA_ColourSpecimen_PantoneRef.jpg”) to assist the examiner in navigating the submission. The mark description itself, in Mandarin, should be precise, unambiguous and directly traceable to the submitted depiction.
Securing registration is only the first step. Effective enforcement of non-traditional marks in China requires a coordinated strategy across multiple channels, each with different evidentiary thresholds, timelines and outcomes.
Local Administration for Market Regulation (AMR) offices, successors to the former Administration for Industry and Commerce, can investigate and penalise trademark infringement through administrative orders. For non-traditional marks, the rights holder must present the registration certificate, evidence of the infringing use, and materials demonstrating consumer confusion. Administrative actions are typically faster than litigation, with investigations often concluded within three to six months. Remedies include orders to cease infringement, confiscation of infringing goods and monetary penalties. This channel is particularly useful for targeting manufacturing or wholesale operations.
Civil litigation through China’s specialised intellectual property courts offers broader remedies, including damages, injunctions and evidence preservation orders. For non-traditional marks, courts will assess the scope of protection by reference to the distinctiveness evidence submitted during registration, strong registration evidence translates directly into stronger enforcement. Preliminary injunctions (行为保全) are available in urgent cases, though courts require a showing of irreparable harm and likelihood of success. For guidance on serving litigation documents, see how to serve court documents in China.
China Customs can record registered trademarks, including non-traditional marks, in its Intellectual Property Recordal System. Once recorded, customs officers can detain suspected infringing goods at the border, with the rights holder notified to confirm or deny infringement. For online infringement, major e-commerce platforms such as Alibaba (Taobao/Tmall) and JD.com operate IP complaint portals that accept takedown requests supported by registration certificates and evidence of infringement. Non-traditional mark holders should provide clear visual or audio comparisons showing how the infringing listing replicates the protected colour, shape or sound element. Successful platform takedowns can be achieved within days, making this channel the fastest enforcement option for brands with a strong cross-border intellectual property protection strategy.
Foreign applicants must decide between filing directly with CNIPA through a local agent or designating China through the Madrid Protocol. Each route has distinct advantages when applied to non-traditional marks.
The Madrid route provides centralised portfolio management and lower initial costs for multi-jurisdiction filings. However, when CNIPA issues a provisional refusal, common for non-traditional marks, the applicant must appoint a Chinese agent to respond within the prescribed period, effectively adding cost and complexity. National filings allow the agent to manage evidence preparation and examiner communications from the outset, which is strategically advantageous when the filing depends heavily on China-specific market evidence.
Industry observers recommend filing the word or device mark via Madrid for efficiency, while pursuing the non-traditional element through a parallel national filing where the agent can build the evidence submission proactively. Priority claims can link the two filings if made within six months of the first filing in any Paris Convention member state. For a broader perspective on filing route decisions, consult our international intellectual property guide.
The following summary consolidates the key action items, expected timelines and indicative costs for registering non-traditional trademarks in China.
Early preparation of the evidence package, ideally beginning three to six months before filing, is the single most effective way to reduce examination delays and avoid costly re-filings.
The 2026 amendment to China’s Trademark Law has made it materially easier to register non-traditional trademarks in China, but the corollary is a more demanding evidence regime that punishes unprepared applicants. Foreign brands with distinctive colours, shapes or sounds embedded in their Chinese market presence should treat this as a window of opportunity, not a reason to wait.
In-house teams should begin with an immediate risk triage: identify which non-traditional brand elements are commercially active in China, assess whether adequate market evidence already exists, and flag gaps that require consumer surveys or additional documentation. From there, engage a CNIPA-qualified trademark attorney to conduct the clearance search, structure the evidence package and manage the filing through examination. The Global Law Experts lawyer directory can connect you with qualified China trademark practitioners for bespoke filing and enforcement support.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Rainy Barlow at ABION CHINA, a member of the Global Law Experts network.
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