Trademark Classification in China: A Guide to the Nice Classification
๐
2026-06-07
๐ท๏ธ Trademark
```markdown
## Trademark Classification in China: A Guide to the Nice Classification
For foreign applicants seeking to register trademarks in China, understanding the trademark classification system is the first step toward ensuring full protection of their brand. China adopts the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification), but in practice, the China National Intellectual Property Administration (CNIPA) applies several local adaptations and special requirements to this system. This article provides foreign applicants with a comprehensive practical guide to help accurately select classes, avoid common pitfalls, and improve registration success rates.
## Overview of the Nice Classification and Practice in China
The Nice Classification, established and administered by the World Intellectual Property Organization (WIPO), divides goods and services into 45 classes. Classes 1 through 34 cover goods, while Classes 35 through 45 cover services. China acceded to the Nice Agreement in 1988 and formally adopted the Nice Classification in 1993.
Based on the Nice Classification, CNIPA publishes the Classification Table of Similar Goods and Services, which is not a mere translation of the Nice Classification but a locally adapted version incorporating Chinese judicial practice and examination experience. Its main features are as follows:
- The Chinese Classification Table recombines similarity relationships for certain goods and services. Goods that fall under the same class in the Nice Classification may be deemed non-similar goods in China, and vice versa.
- CNIPA updates the Classification Table annually, usually effective from January 1, meaning applicants must verify they are using the latest version before filing. For example, the 2025 edition added several specific items related to artificial intelligence, virtual reality, and blockchain.
- The Chinese Classification Table refines the headings and explanatory notes for each class to better suit the Chinese language context and actual market conditions in China. For instance, "cosmetics" under Class 3 is further broken down into specific items such as "cosmetics; skin creams; perfumes; lipsticks."
- In substantive examination, CNIPA examiners rely on the "similar groups" in the Classification Table rather than the international explanatory notes of the Nice Classification. Two goods that belong to the same class under the international Nice Classification may not be considered similar goods in China if they fall under different similar groups.
## Strategic Selection of the 45 Classes
Choosing the appropriate class(es) for trademark registration cannot simply follow the rule of "register what you sell." Savvy applicants should adopt a strategic approach based on their current business and future development directions. Below is a summary of key classes:
| Business Sector | Core Class | Recommended Defensive Classes |
|----------------|------------|------------------------------|
| Apparel/Footwear | Class 25 (Clothing, footwear, headgear) | Class 24 (Textiles), Class 26 (Lace and braid), Class 35 (Sales services) |
| Food & Beverage | Class 43 (Catering services), Class 30 (Coffee, tea, pastries) | Class 29 (Meat, eggs, dairy), Class 31 (Fresh ingredients), Class 35 (Advertising, sales promotion for others) |
| Software/Internet | Class 9 (Software, apps), Class 42 (IT services, cloud computing) | Class 35 (Online advertising), Class 38 (Data transmission), Class 45 (Online social networking) |
| Cosmetics/Skincare | Class 3 (Cosmetics, cleaning preparations) | Class 5 (Medicated skincare), Class 21 (Cosmetic utensils), Class 44 (Beauty services) |
| E-commerce/Retail | Class 35 (Sales promotion for others, providing online marketplace for buyers and sellers of goods and services) | Class 9 (E-commerce platform software), Class 42 (Website operation), Class 39 (Delivery services) |
| Medical Devices | Class 10 (Medical devices and instruments) | Class 5 (Disinfectants, pharmaceuticals), Class 9 (Measuring instruments), Class 44 (Medical services) |
An important conclusion can be drawn from this table: **registration in a single class is often insufficient to protect a brand.** Taking an e-commerce platform as an example, registering only in Class 35 may leave its core technological assets (app software under Class 9) and infrastructure (server-side services under Class 42) unprotected, creating a gap in enforcement against infringement.
## Class 35: A "Universal Class" or a "Trap Class"?
Among all classes, Class 35 (advertising, business management, business administration, office functions) is the most controversial and deserves the most in-depth discussion. In recent years, with the growth of e-commerce and the digital economy, the strategic importance of Class 35 in Chinese trademark practice has risen considerably, but it has also generated numerous disputes and misunderstandings.
**Why Class 35 is so important:**
- Since the 2013 amendment to the Trademark Law, China has expressly included "sales promotion for others" within the scope of protection under Class 35. This means that if another party's trademark is registered in Class 35 and yours is only registered in a goods class, you may fall within the scope of that party's Class 35 rights when engaging third-party sales channels to promote your products.
- Almost all e-commerce platforms (including Taobao, JD.com, and others) have applied for services such as "sales promotion for others; providing an online marketplace for buyers and sellers of goods and services" under Class 35. Brand owners who do not establish a presence in Class 35 may find themselves at a disadvantage in e-commerce channel disputes.
- In trademark opposition and invalidation proceedings, Class 35 trademark holders frequently challenge trademark registrations in goods classes on grounds of "use of an identical or similar trademark on identical or similar services," although the success rate of such cases varies.
**Practical pitfalls to note:**
Class 35 is not a "universal class," and its scope of protection in China has clear limitations. According to CNIPA examination guidelines, "sales promotion for others" refers to providing promotional services for the sale of others' goods, not to the act of sale itself. If you register only in Class 35 but not in a goods class, another party's use of your trademark on identical or similar goods may not constitute direct infringement of your Class 35 mark. In short, a comprehensive trademark strategy should include registration in both the goods class(es) and Class 35, with each complementing rather than replacing the other.
## Strategies for Selecting Goods and Services
Once the class(es) have been determined, applicants need to select specific goods and services items. Each class under the Nice Classification contains numerous specific items, and the CNIPA Classification Table lists thousands of options. The following strategies can help you make precise selections:
**First, apply the "core to periphery" principle.** Identify the core goods or services on which your brand is currently used or will be used in the near future, and ensure they are listed as specific items. Then, select adjacent or related goods within the same similar group(s) surrounding the core items. For example, if your core product is "skin care products" (Class 3), you may also select specific items within the same similar group such as "skin toners; face creams; serums; sunscreens."
**Second, leverage the "group heading" strategy.** The Chinese Classification Table further divides each class into several "similar groups," each represented by a group heading. According to CNIPA examination practice, although applicants are generally required to designate specific goods or services items, certain group headings can be cited by examiners as encompassing all concepts covered. An effective strategy is to select at least three to five representative specific items within each similar group where you seek protection, thereby covering the scope of that group.
**Third, avoid generic descriptions and overly broad items.** In substantive examination, CNIPA does not accept expressions such as "all of the above goods" or "and other related goods." The goods and services listed in each application must be specific, clear, and capable of being accurately classified by the examiner. For example, "computer software" is too broad and should be specified as "downloadable computer application software" or "recorded computer programs," or other acceptable formulations.
**Fourth, certain items under the Nice Classification are expressly designated as "cross-search" goods in the Chinese Classification Table.** This means that although such goods belong to one class, they will be considered similar to goods in another class during examination. For instance, "fire extinguishers" in Class 9 are subject to cross-search with "fire-extinguishing compositions" in Class 1. When selecting such items, special attention must be paid to their cross-class implications.
## Differences between China and Western Classification Systems and Recommendations
Foreign applicants entering the Chinese market often base their class selection on their domestic trademark registration experience, which may lead to unexpected obstacles in China. Below are three key areas of divergence:
**1. The similar group system.** As discussed, the Chinese Classification Table employs an internal "similar group" structure that does not exist in Western classification systems. A multi-class application that receives broad protection in the EU because its items all fall under Class 25 may face a restricted scope of protection in China if the goods belong to different similar groups. The solution is not to simply copy the goods list from a foreign application when filing in China, but to have it adjusted by a trademark agent familiar with Chinese practice to ensure coverage of each relevant group.
**2. Examination standards for Class 35.** In the United States and the European Union, descriptions of "retail store services" in Class 35 are relatively flexible, typically allowing formulations such as "retail store services" followed by the field of goods (e.g., "retail store services in the field of clothing"). In China, however, CNIPA requires applicants to select very specific sub-items under Class 35. For example, "sales promotion for others" is an acceptable item, but "providing an online marketplace" must be clearly stated as "providing an online marketplace for buyers and sellers of goods and services." In practice, foreign applicants are advised to prepare six to ten carefully selected specific items for Class 35 to cover both online and offline business models.
**3. Multi-class per application vs. single-class per application.** China permits "multi-class per application," meaning multiple classes can be designated in a single application, which is more cost-effective than filing separate applications (additional fees apply only beyond three classes). This differs significantly from the U.S. "single-class per application" system. It is recommended to adopt the multi-class-per-application strategy for your main classes in China to reduce overall costs and simplify management. However, note that if one class is refused, the entire application's examination period may be extended, as the examiner will examine all classes together.
## Risks of Classification Errors and Remedial Measures
Trademark classification errors are among the most common grounds for refusal in Chinese trademark registration. Below are typical errors and their consequences:
**Error type 1: Cross-class confusion.** Mixing service items into a goods class, or goods items into a service class. For example, listing "clothing design services" in the goods list of Class 25 (goods). This type of error leads to an examiner issuing a Notice of Correction requiring classification amendment. If the applicant fails to respond within the prescribed period (usually 30 days), the application will be deemed withdrawn.
**Error type 2: Item descriptions not meeting Chinese standards.** Foreign applicants often directly translate their domestic goods lists, resulting in expressions that do not exist in Chinese or that do not conform to CNIPA conventions. For example, using "hats; including hats" instead of the standard "hats; headwear." Such errors also lead to corrections or refusals.
**Error type 3: Omission of key classes.** This issue has been discussed in detail above; it is only emphasized here for the severity of its consequences: a third party may register an identical trademark in the omitted class and lawfully use your brand name to sell goods completely unrelated to yours. In such a case, you would need to prove that the other party's trademark constitutes "bad faith registration" to file for invalidation, with an extremely high burden of proof.
**Remedial measures:**
- **Filing stage:** Before submission, conduct an item-by-item verification against the latest CNIPA Classification Table of Similar Goods and Services to ensure that each selection appears in the official list and that the wording is accurate. It is recommended to cross-check at least three versions (the latest version and the previous year's version) to avoid discrepancies caused by annual updates.
- **Examination stage:** Upon receiving a classification correction notice, be sure to respond within the statutory period. Corrections typically do not involve substantive amendments, only the deletion or adjustment of item descriptions. However, once a correction response is submitted, it cannot be withdrawn, so the potential impact of each adjustment should be carefully assessed before responding.
- **Post-registration remedies:** If the trademark has been approved for registration but classification strategy gaps are discovered, consider the following: (a) file a new trademark application for the omitted class(es); (b) if the omission was due to agent negligence, it may be possible to claim prior rights by rescinding the agency agreement and refiling, though the success rate of this approach is limited. The most reliable remedy is to immediately file an application in the new class and simultaneously consider filing an opposition against any prior bad-faith application in that class.
- **Obtaining supplementary protection through use:** If the trademark has acquired significant recognition in China through long-term use, even if the registered classification has limitations, it may still be possible to claim protection as an "unregistered well-known trademark" under the Trademark Law in infringement proceedings or to argue that the opposing party has engaged in "unfair competition." However, the evidentiary standards for such protection are extremely high and should not be relied upon as a safety net for classification errors.
## Summary and Action Checklist
Foreign applicants seeking to successfully complete trademark classification and file valid applications in China should follow these steps:
1. **Confirm the current effective version of the CNIPA Classification Table.** Updated annually on January 1, always use the latest resources.
2. **Map your business activities.** List all current goods and services and clarify your development plans for the next three years to ensure core and expansion classes are covered.
3. **Select at least three essential classes.** This includes the core goods/services class (e.g., Class 9 or Class 25), Class 35 (sales promotion for others, online marketplace), and Class 42 or Class 41 (service classes, if applicable).
4. **Select 6 to 10 specific items per class.** Distribute them across relevant similar groups; do not concentrate too heavily in a single group.
5. **Verify item descriptions.** Ensure each item comes from the CNIPA official list โ do not guess or paraphrase; directly use the official standard wording.
6. **Retain supporting evidence.** Document the commercial rationale and decision-making process behind your class selections for later use in opposition or invalidation proceedings to demonstrate good faith.
7. **Consider multi-class applications and defensive filings.** If the budget allows, register in related similar groups within the core class as well as adjacent classes for goods or services. Defensive registration (registering a trademark in unrelated classes) is uncommon in China but prevalent in certain industries such as luxury goods, baijiu, and cosmetics.
8. **Work with a professional agent.** Trademark classification may seem straightforward, but it involves considerable legal, commercial, and technical detail. It is strongly recommended to have your application reviewed and confirmed by an agent or team familiar with Chinese trademark practice (such as the professional team at WeRights) before final submission. You can also contact @token_1_com on Telegram for further one-on-one consultation.
If the above process is followed, most foreign applicants can avoid the most common classification errors and increase their first-pass registration success rate from the industry average of approximately 65% to over 90%. Class selection is the first line of defense in trademark protection. Correct classification not only saves time and costs but also lays a solid legal foundation for the long-term development of your brand in the Chinese market.
```
๐ฉ Need Help with Your IP Registration?
Contact us on Telegram for a free consultation. We respond within 24 hours.
๐ Message @token_1_com