Abstract: Many overseas brand trademark rejections in China result from confusing the international Nice Classification and China’s localized trademark classification rules. This article clearly explains their core differences, unique features of China’s trademark classification, standard subclass selection quantity, and similarity judgment rules for goods and services, helping foreign trade and cross-border enterprises select classes accurately and improve trademark registration success rates.

1. Nice Classification vs China Trademark Classification (Core Differences)

Global trademark registration adopts the Nice Classification, which includes 45 general classes (Class 1–34 for goods, Class 35–45 for services) and serves as the unified international basic framework.

China’s trademark classification is based on the Nice Classification but not identical to it. It is the sole official standard for trademark examination, similarity judgment, and protection scope confirmation in China. The key differences are as follows:

• Nice Classification: Only divided into 45 general classes without detailed similar groups. It is merely an international classification reference and not applicable for official similarity examination.
• China Trademark Classification: Based on the 45 international classes, it is further subdivided into 4-digit similar groups, which are the minimum examination unit for trademark similarity judgment and protection scope definition in China.

In short: International registration focuses on general classes, while China registration focuses on similar groups. This is the most common pitfall for overseas brands applying for Chinese trademarks.

Authoritative Trademark Classification Query Links

1. CNIPA Official Classification Inquiry (the only standard for Chinese trademark examination): https://sbj.cnipa.gov.cn/sbj/sbsq/sphfwfl/

2. Full-category English Trademark Classification List (for overseas brand inquiry and application reference): https://ipuvchina.com/china-trademark-registration-classification/

2. Unique Features of China Trademark Classification

China’s trademark examination system operates entirely around similar groups, with three exclusive characteristics:

1. Same general class does not mean similar goods: Goods in different similar groups under the same Nice general class are generally deemed non-similar and non-conflicting by official examiners.

2. Same similar group equals highly similar goods: Regardless of name differences, all goods and services within one identical similar group are directly judged as similar and cannot coexist for trademark registration.

3. Localized adaptation: China’s classification table adds exclusive domestic goods and service items and refines industry-specific subdivision rules, differing from the original international Nice Classification.

3. China Trademark Registration: Subclass Quantity Selection Rules & Practical Strategies

China’s trademark charging and protection rules are fixed: One general class includes 10 subclasses under the basic official fee. Any additional subclass beyond 10 will incur separate extra charges per item.

Universal subclass selection strategies for cross-border and foreign trade brands:

• New/Start-up Brands: Select all 10 subclasses. Prioritize core products and mainstream sales categories for the highest cost performance.
• Mature Brands: Select 10–15 subclasses. Cover core business items plus related peripheral subclasses for basic defensive protection.
• Well-established Brands: Select multiple refined subclasses covering different similar groups within the same general class to eliminate brand squatting risks.

Important Reminder: No additional subclasses can be added after a trademark is successfully registered. New applications are mandatory for expanded category protection. Meanwhile, avoid selecting irrelevant subclasses to prevent non-use cancellation after three consecutive years.

4. China’s Similar Goods & Services Judgment Standards

Trademark registrability and infringement judgment mainly depend on whether the involved goods or services are similar. China’s official judgment logic follows fixed rules:

1. Mandatory Basic Rules (Priority Application)

• Goods/services in the same similar group = Deemed similar
• Goods/services in different similar groups = Presumed non-similar

2. Special Comprehensive Judgment (Exceptional Circumstances)

For a small number of cross-group goods and services with highly overlapping functions, purposes, sales channels, target consumers, and industry attributes, examiners may also judge them as similar and reject conflicting trademark applications.

3. Rare Cross-class Similarity

Goods and services in different Nice general classes are almost never deemed similar, which is the core basis for multi-class trademark protection layout.

5. Conclusion

Overseas brands cannot apply international Nice Classification logic directly to China trademark registration. Mastering China’s similar group rules, reasonably planning subclass quantities, and accurately distinguishing similar goods are the keys to avoiding rejections and building a complete brand IP protection system. Class judgment before application effectively improves your trademark registration success rate in China.

Keywords: China Trademark Classification, Nice Classification Differences, Trademark Similar Group, Trademark Subclass Selection, China Trademark Similarity Judgment