Chuanmo team
Chuanmo team
Sept 7 , 2026When a foreign company prepares to register a trademark in China, one of the most important filing decisions is deciding which goods and services the trademark should cover.
China uses the Nice Classification, which divides goods and services into 45 classes. But choosing the right class is only the first step. In practice, companies also need to consider the specific goods or services within each class and the similar groups — often referred to in practice as "subclasses"— used in China's trademark classification system.
The right filing scope should therefore be based on what the company actually sells or provides, what it plans to develop in China, and which goods or services are commercially important to the brand. The objective is not simply to select as many classes and subclasses as possible, but to build protection that matches the company's real business and foreseeable China strategy.
China adopts the Nice Classification for trademark registration. The system divides goods into Classes 1–34 and services into Classes 35–45.
China also uses the Classification Table of Similar Goods and Services. Within the classes, goods and services are further organized into similar groups. These groups are commonly described by practitioners and businesses as "subclasses".
For example, two products may fall within the same Nice class but belong to different similar groups. Conversely, the Classification Table may contain notes addressing similarity between particular goods or services across different groups.
This means that looking only at the class number may not provide a complete picture of the intended scope of a China trademark application.
For a foreign company, selecting a broad Nice class does not necessarily mean that every type of product or service within that class has been equally addressed.
The specific goods and services included in the application matter.
China's Classification Table groups goods and services according to similarity for trademark examination purposes. As a result, the similar groups relevant to the company's actual products or services should be considered when preparing the filing specification.
This is why a filing strategy based only on statements such as "we need Class 9" or "our business belongs in Class 35"may be incomplete.
The more useful questions are:
Which goods or services within that class are commercially important to us?
and:
Which similar groups are relevant to those activities?
Before selecting classes, a foreign company should first map its real business activities.
This may include:
products currently sold under the trademark;
services currently provided under the trademark;
products or services expected to launch in China;
commercially important product lines;
related activities that form part of the company's business model; and
reasonable areas of expansion that are already part of the company's China strategy.
This exercise should be specific.
For example, saying that a company is a "technology company" is usually not enough to determine an appropriate trademark filing scope. The relevant protection may depend on whether the business provides downloadable software, physical electronic products, software-as-a-service, technology consulting, online retail services or some combination of these activities.
The trademark classification strategy should follow the business model rather than the company's general industry label.
A single business may require trademark protection across several classes because different parts of its commercial activity can fall into different categories.
A company selling physical products may also operate retail services, provide software or technology services, or offer other related services under the same brand.
This does not mean that every company should automatically file in multiple classes.
Instead, the company should identify which activities are genuinely connected to the brand and determine which of them are sufficiently important to justify trademark protection in China.
The decision should be commercially proportionate.
Not necessarily.
The purpose of subclass analysis is not to accumulate as many similar groups as possible. It is to identify the goods and services that correspond to the company's commercial activities and protection priorities.
Depending on the class, a company may need to consider several relevant similar groups. In other situations, only a limited number may be commercially meaningful.
A practical review may therefore ask:
Which products or services are currently generating business?
Which products or services will carry the trademark in China?
Which related areas are realistically expected to become important?
Which similar groups correspond to those activities?
Are there commercially important gaps in the proposed specification?
This approach can help avoid both under-filing and unnecessary filing.
Trademark applications are not defined only by their class numbers.
The specific goods and services listed in an application are important because they describe what the applicant is seeking to protect.
A company should therefore avoid selecting items simply because they appear broadly related to its industry. The filing specification should be reviewed against the company's actual products, services and foreseeable commercial plans.
The function and purpose of a product can also matter when determining how it should be classified.
For new products, emerging technologies or business models that do not fit neatly into a familiar category, classification may require closer analysis rather than relying only on the company's existing overseas trademark specification.
An existing overseas trademark portfolio can provide a useful starting point, but it should not automatically determine the China filing strategy.
The company's business priorities in China may be different from those in other markets. In addition, China's use of the Classification Table and similar groups means that the goods and services should be reviewed from the perspective of the Chinese classification and examination system.
A foreign company preparing a China application can therefore ask:
1. What does our existing trademark portfolio currently cover?
2. Which of those goods or services are relevant to our China business?
3. Are there important China activities that are not reflected in the existing portfolio?
4. How are the relevant goods and services treated under China's Classification Table?
5. Does the proposed China specification leave any commercially important gaps?
The objective is not to make the China application identical to the overseas registration. It is to make sure that the China filing reflects the company's actual protection needs in China.
Future plans can be relevant, but they should be considered realistically.
If a company has a clear plan to introduce an additional product line or service in China, it may be sensible to consider that activity when developing the filing strategy.
However, filing across numerous unrelated classes simply because the company might someday enter those areas can create unnecessary cost and portfolio complexity.
A more proportionate approach is to distinguish between:
current core business;
commercially important near-term expansion;
related activities that create meaningful brand exposure; and
purely speculative future possibilities.
This helps the company prioritize protection around realistic commercial needs.
Trademark searching and classification strategy should be considered together.
A proposed trademark may face different earlier-rights issues depending on the goods or services covered by the application. Searching only the trademark name without considering the relevant goods, services and similar groups may therefore provide an incomplete picture.
Before filing, a company can identify the classes and similar groups that matter to its business and then assess potentially conflicting earlier trademarks in those areas.
If an earlier similar trademark is identified, the company can consider whether it affects a core product or service, whether the proposed specification should be adjusted, and whether the overall filing strategy remains commercially appropriate.
Trademark availability is therefore not only a question of the mark itself. It is also connected to the scope of goods and services for which protection is sought.
Before filing, a foreign company can work through the following questions:
1. What products and services are currently offered under the brand?
2. Which products and services will actually be offered in China?
3. What commercially important products or services are likely to be added in the foreseeable future?
4. Which Nice classes cover those activities?
5. Which similar groups within those classes are relevant?
6. Which specific goods and services should be included in the application?
7. Are there important gaps between the proposed filing and the company's actual business model?
8. What earlier trademarks exist in the commercially important classes and similar groups?
9. Are additional classes or groups genuinely justified by commercial value or risk?
This creates a filing strategy based on the business rather than simply on the classification table.
Choosing trademark classes in China is not simply a matter of identifying an industry and selecting a class number.
Foreign companies should consider the specific products and services associated with the brand, the similar groups relevant under China's classification system, and the commercial importance of each area of protection.
An existing US, EU or international trademark portfolio can be a useful reference, but the China filing should still be reviewed against the company's actual China business and China's classification structure.
The goal is not maximum coverage at any cost. It is to identify the trademark rights that matter commercially, reduce important gaps in protection, and build a filing scope that is proportionate to the company's current and foreseeable activities in China.
For foreign companies preparing trademark applications in China, Chuanmo can assist with trademark classification, goods and services specifications, trademark searches and filing strategy. The objective is to help businesses identify commercially important protection, understand China-specific classification issues and make proportionate filing decisions based on their actual business needs.