Under China’s trademark system, some companies pay to register a mark, only to find they cannot stop a competitor’s similar sign on the same product — usually because the class was wrongly chosen. CNIPA’s guide on correctly understanding trademark goods and services classification helps applicants get it right.
1. What is classification? 45 classes and “similarity groups”
China uses the Nice Classification: 45 classes, with classes 1–34 for goods and 35–45 for services. Each class is further divided into “similarity groups”; goods or services within the same group are treated as similar in examination, while cross-group items are not automatically similar.
2. Wrong class = weak protection
- Too few classes: core business uncovered; rivals register similar marks in related classes.
- Wrong similarity group: registration looks fine but leaves a protection gap.
- No cross-class layout: e-commerce, franchising and spin-offs stay exposed.
3. How to choose classes wisely
- Step 1: pinpoint the class and similarity group of your core goods/services.
- Step 2: add related classes (e.g., manufacturing + sales + e-commerce).
- Step 3: assess defensive classes such as class 35 (advertising/sales) and class 9 (apps/software).
4. Common mistakes
Treating a “class” as an “industry,” assuming one broad class covers everything, ignoring similarity groups, or overlooking future scenarios. Position by “goods/services → similarity group,” then add related and defensive classes.
For class and similarity-group selection, see our Trademark Classification Table; for patent deadlines, see Patent Annual-Fee Monitor. To assess your trademark layout, contact Hefei Zhihaiyida Patent Agency (firm code 34408).
Frequently Asked Questions
Q: Can one trademark be registered in all 45 classes?
A: Yes, but fees apply per class and the cost is high. Most businesses choose classes based on their main business and defensive needs rather than blindly filing in all classes.
Q: What does “similar group” mean?
A: Each class is subdivided into several “similar groups”; goods or services within the same group are deemed similar in examination, while those in different groups are generally not automatically similar. This directly determines the similarity assessment and the scope of protection.
Q: Is registering in a single class enough?
A: It depends on the business. Companies operating in multiple lines should add related and defensive classes beyond their main class (e.g., e-commerce and franchise-related services) to avoid protection gaps.
Q: Why is Class 35 so often mentioned?
A: Class 35 covers advertising, business management, online retail services and the like — the foundational class for many companies’ online operations and brand management, and often a filing priority.
Source
This article is based on the Explanatory Notes on the Measures for the Registration and Administration of Collective Marks and Certification Marks issued by CNIPA (2023-12-29). Original: https://www.cnipa.gov.cn/art/2023/12/29/art_66_189403.html。
This article is a policy interpretation for reference only and does not constitute an official interpretation or legal advice. This article introduces the intellectual property system of the People’s Republic of China (China); please refer to the latest official regulations for specifics.