Why Proper Trademark Classification Matters in China
Registering a trademark in China requires selecting specific classes under the Nice Classification, which categorizes goods/services into 45 classes (Classes 1–34 for goods, 35–45 for services). Misclassification can lead to:
- Legal vulnerabilities: Competitors may exploit gaps in protection.
- Rejection costs: CNIPA (China National Intellectual Property Administration) rejects improperly classified applications, wasting time and fees.
- Enforcement challenges: Rights are limited to registered classes only.
Example: Apple’s “iPhone” is registered in Class 9 (electronics), Class 38 (telecom services), and Class 42 (software) for comprehensive coverage.
The Structure of China’s Trademark Classes
China follows the international Nice Classification system but emphasizes local commercial practices. Key sectors include:
- Manufacturing: Classes 1–14 (chemicals, machinery, instruments).
- Consumer goods: Classes 15–34 (apparel, food, cosmetics).
- Services: Classes 35–45 (advertising, logistics, education).
Critical Sub-Categories:
- Class 35: Advertising, business management (e.g., Amazon’s retail services).
- Class 41: Education/entertainment (e.g., Disney’s theme parks).
- Class 9: Tech/software (e.g., Tencent’s apps).
Common Pitfalls & How to Avoid Them
1. Overlooking Cross-Class Protection
Goods/services often span multiple classes. Tesla registers in:
- Class 12 (vehicles),
- Class 37 (repair/maintenance),
- Class 42 (autonomous driving software).
Solution: Audit your product lifecycle—include manufacturing, sales, and after-sales services.
2. Misinterpreting Service Classes
Class 44 (medical services) excludes pharmaceuticals (Class 5). Pfizer registers drugs in Class 5 but clinics in Class 44.
Tip: Use CNIPA’s official Similar Goods and Services List to clarify ambiguities.
3. Ignoring Future Business Expansion
Nike preemptively registered in Class 25 (apparel), Class 28 (sports equipment), and Class 41 (fitness training).
Strategy: Project 3–5-year business plans into class selections.
Case Study: Successful vs. Failed Applications
✅ Success: Starbucks
- Class 30 (coffee), Class 43 (café services), Class 21 (mugs).
- Covers core products and customer touchpoints.
❌ Failure: A European skincare brand
- Registered only in Class 3 (cosmetics).
- Counterfeiters sold counterfeit products in Class 35 (online retail)—unenforceable without coverage.
- Outcome: Paid 2.5× the cost to re-file and litigate.
Practical Steps to Select Classes
- Identify Core Offerings
- List all goods/services.
- Map each to relevant classes using CNIPA’s classification tool.
- Analyze Competitors
- Search trademark databases for industry leaders.
- Example: In fintech, Alipay dominates Classes 9 (software), 36 (financial services).
- Consult Class Descriptions
- Class 35 ≠ “retail goods”—it covers advertising, e-commerce platforms.
- Class 9 includes software but excludes mental health apps (Class 44).
- File Multi-Class Applications
- Submit one application covering up to 10 classes (CNIPA fee: ¥1,000/class).
Why Partner with Local Experts
China’s trademark system requires nuanced understanding of:
- Language barriers: English-to-Chinese translations may alter classification (e.g., “cloud computing” fits Class 42, not Class 9).
- Regional precedents: Courts favor marks with precise class alignment.
For authoritative trademark verification, consider a professional trademark search report covering all 45 classes.
Conclusion
Strategic trademark classification prevents costly disputes and strengthens IP protection in China. By aligning registrations with business operations and anticipating expansion, brands secure enforceable rights across their commercial ecosystem.