China Trademark Classification and Similarity Assessment vs US and EU: Key Differences Foreign Applicants Should Know
Table of Contents
- 1. Nice Classification Overview
- 2. China’s Subclass System
- 3. Goods and Services Selection Differences
- 4. China Trademark Similarity Assessment
- 5. US and EU Similarity Assessment
- 6. Key Differences at a Glance
- 7. Why US/EU Marks Fail in China
- 8. Practical Tips for Foreign Applicants
- 9. Frequently Asked Questions
- 10. Before You File: Make Sure Your Trademark Strategy Matches China’s Examination Practice
1. Overview: China, US and EU All Follow the Nice Classification System
Let’s start with what’s the same.
China, the US, and the EU all use the Nice Classification — the international system that organizes goods and services into 45 classes (Classes 1–34 for goods, Classes 35–45 for services). The 13th edition of the Nice Classification (NCL 13-2026) took effect on January 1, 2026, and applies across all three jurisdictions. For a complete reference, see the full China trademark classification list.
| China | US | EU | |
|---|---|---|---|
| Classification system | Nice Classification | Nice Classification | Nice Classification |
| Number of classes | 45 | 45 | 45 |
| Goods/services selection | Required | Required | Required |
But here’s the catch: While the class numbers are the same, the scope of protection within the same class can vary significantly between jurisdictions. How each office applies the classification — and how they determine whether goods or trademarks are “similar” — is fundamentally different.
2. The Biggest Difference: China Uses Subclass-Based Classification
This is the single most important concept for foreign applicants to understand. Learn more about the China trademark subclass system in detail.
While the US and EU treat each Nice class as a broad category and assess similarity on a case-by-case basis, China divides each of the 45 classes into smaller units called “similar groups” (类似群), which function as subclass-level examination units.
How It Works
China’s Classification of Similar Goods and Services (类似商品和服务区分表) uses a three-level structure. The China trademark classification table provides the complete official listing of all classes and subclasses.
| Level | Code | Description |
|---|---|---|
| Class | 1–45 | Broad category (e.g., Class 9) |
| Similar Group | 4-digit code | Subclass-level examination unit — this is the key |
| Specific item | 6-digit code | Individual goods/services you select |
The core rule: Goods or services within the same similar group are generally deemed similar for examination purposes. Goods in different similar groups are less likely to be considered similar, although other factors may still be considered in certain circumstances.
A Practical Example
Take Class 9 (scientific and electronic apparatus). China divides Class 9 into multiple similar groups. You can review the full Class 9 subclasses PDF for the complete list.
| Similar Group | Similar Group Name | Typical Goods |
|---|---|---|
| 0901 | Electronic computers and external devices | Computers, computer software, electronic data processing equipment |
| 0908 | Audio-visual equipment | Audio equipment, speakers, headphones |
The critical difference: In the US or EU, these are often considered part of the same “electronics” category. In China, they fall into different similar groups. A trademark registered only in similar group 0901 (computers) does not automatically block a similar mark from registering in similar group 0908 (audio equipment), even though both are in Class 9.
Unlike the US and EU, filing in one subclass in China does not necessarily protect your trademark across the entire Nice class.
Understanding similar groups is one of the most important steps before filing in China.
Real-World Impact
This has serious practical consequences:
- A filing in one similar group does not cover the entire class. Registering a mark in Class 25 does not protect you across all clothing items — footwear and headwear may fall in different similar groups.
- Class headings do not equal full-class coverage. Filing only the class heading does not automatically cover all items in that class.
- Two identical marks may sometimes coexist within the same Nice class if they cover goods in different similar groups — a result that would be unlikely in most other jurisdictions.
For detailed guidance on selecting the right subclasses for your business, see how to select China trademark registration goods and services.
3. How Goods and Services Selection Differs Between China, US and EU
China: Rigid, Code-Based, and Highly Structured
In China, applicants must select specific goods/services from the official Classification of Similar Goods and Services or from CNIPA’s periodically updated list of acceptable goods and services names. Each item is assigned to a specific similar group, and that group largely determines the scope of protection.
Key point: CNIPA expects applicants to use standard, approved descriptions. Custom or overly broad descriptions may not be accepted. The classification table is updated annually — the 2026 version introduced significant changes including the relocation of eyewear from Class 9 to Class 10, the deletion of Class 3 subclass 0305, and the addition of new items like AI-as-a-Service (AIaaS) in Class 42. View the complete China trademark classification list for reference.
US: ID Manual with Some Flexibility
The USPTO maintains the Trademark ID Manual — a database of tens of thousands of pre-approved goods and services descriptions. Using these exact descriptions keeps your application at the base filing fee and significantly reduces the risk of rejection for vague or unacceptable wording.
Important clarification: The US does not allow completely free creation of goods descriptions. The system offers more flexibility than China, but applicants are still expected to use — or closely align with — ID Manual entries.
Like all trademark systems, US trademark rights are territorial and do not automatically extend to China.
EU: TMClass as the Primary Tool
The EUIPO provides TMClass — a common database maintained by EUIPO and national EU authorities, containing over 78,000 pre-approved goods and services terms. Applicants can search and select terms from this database, which is integrated with the Nice Classification.
The EU generally provides a flexible approach to goods and services identification: EU applicants generally have more flexibility in selecting accepted terms from available databases, and the scope of protection is determined through a more case-specific assessment of the relationship between goods and services.
Comparison Table
| China | US | EU | |
|---|---|---|---|
| Primary tool | Classification Table | ID Manual | TMClass |
| Use of standard descriptions | Required | Strongly encouraged | Encouraged |
| Flexibility | Low | Medium | High |
| Custom description fee | N/A (may be rejected) | Additional fee applies | No extra fee |
| Similar group system | Yes | No | No |
4. How Trademark Similarity Is Examined in China
China’s approach to trademark similarity is distinctive and often surprises foreign applicants.
The Three Dimensions: Shape, Sound, and Meaning
For word marks, CNIPA examines similarity across three dimensions:
- Shape (形) — visual appearance, character composition, and arrangement
- Sound (音) — pronunciation, including transliterations
- Meaning (意) — conceptual meaning, including translations
Why this matters for foreign brands: Even if two marks look different in English, their Chinese translations or transliterations may be considered similar. For example, a foreign word mark may conflict with an existing Chinese transliteration or translation that creates a similar pronunciation or meaning — a risk that simply does not exist in the US or EU. Learn more about Chinese name strategy for China trademark registration.
The Examination Method
CNIPA applies three principles when comparing marks:
- Isolated observation (隔离观察) — marks are compared as a consumer would remember them, not side-by-side
- Overall comparison (整体比对) — the overall impression matters more than individual differences
- Comparison of essential parts (要部比对) — the dominant, distinctive elements carry more weight
What This Means for You
- Chinese translations matter. If your brand has a Chinese name, that name may be examined for similarity against existing Chinese marks.
- Phonetic similarity counts. Even if the written characters are different, similar pronunciation may trigger a refusal.
- Overall impression > individual differences. Minor design variations may not save you if the overall impression is similar.
Before filing, conduct a professional China trademark search or use the online China trademark database search to identify potential conflicts.
5. How Trademark Similarity Is Examined in the US and EU
US: Likelihood of Confusion and the DuPont Factors
The US examines trademark similarity under the likelihood of confusion standard. The USPTO applies the DuPont factors — 13 non-exclusive factors originally established in a 1973 case.
The most important factors include:
- Similarity of the marks in appearance, sound, connotation, and commercial impression
- Similarity of the goods or services
- Similarity of trade channels
- Conditions of sale and consumers
- Fame of the prior mark
Key difference from China: In the US, likelihood of confusion is the ultimate test — not just whether marks look similar. The analysis is multi-factor and case-specific. Two marks that are visually similar may still be registrable if other factors (like different trade channels) reduce confusion risk.
For Chinese character marks: The US treats Chinese characters as graphical elements but still examines their sound, shape, and meaning for similarity.
EU: Global Appreciation (Overall Assessment)
The EUIPO applies a global appreciation (or “overall assessment”) approach. This is a two-step process:
- Similarity assessment — Are the marks similar? Are the goods/services similar?
- Likelihood of confusion — Considering visual, phonetic, and conceptual similarity, along with the nature of goods, consumer perception, and the distinctive character of the earlier mark.
Key difference from China: The EU assessment is more flexible and qualitative. There is no fixed similar group system — examiners consider the nature, purpose, method of use, competition, and distribution channels of the goods.
For Chinese character marks: The assessment may place less emphasis on the meaning or pronunciation of Chinese characters when the relevant EU consumers are unlikely to understand them. This contrasts sharply with China, where Chinese characters are examined comprehensively across all three dimensions.
6. Key Differences at a Glance
| China | US | EU | |
|---|---|---|---|
| Main approach | Shape / Sound / Meaning + overall comparison | Likelihood of confusion (13 DuPont factors) | Global appreciation (two-step) |
| Goods similarity | Similar group-based (code-driven) | Multi-factor analysis | Case-by-case, qualitative |
| Chinese character treatment | Full shape/sound/meaning review | Treated as graphic but reviewed for sound/shape/meaning | Often assessed mainly from visual perspective when consumers are unlikely to understand the characters |
| Predictability | Higher (rule-based) | Medium | Medium |
| Flexibility | Lower | Medium | Higher |
7. Why a Trademark Registered in the US or EU May Fail in China
This is the question every foreign applicant asks — and the answer comes down to three key factors. For a deeper understanding of China’s first-to-file principle, read the full guide.
Reason 1: Different Classification Rules
The problem: In the US, you might file a broad description like “clothing” and have it accepted. In China, you need to select specific, approved items from the Classification Table — and each item belongs to a specific similar group.
Example: A US registration in Class 25 for “clothing” gives broad protection. A Chinese application that selects only “shirts” (in one similar group) provides no protection against an identical mark registered for “shoes” (in a different similar group within the same class).
Reason 2: Different Similarity Standards
The problem: In the US or EU, examiners consider the overall context — trade channels, consumers, market conditions. In China, the similar group code often determines the outcome.
Example: Two related electronic products may fall into different similar groups in China, even though they are functionally similar. An unexpected refusal can occur based on a prior mark you thought was unrelated.
Reason 3: First-to-File Principle
The problem: China operates on a first-to-file principle — the first person to file a trademark application owns the rights, regardless of prior use. The US operates on a first-to-use principle.
What this means: Even if you have been using your brand in the US for years, if someone else files the same or similar trademark in China first, your application will be refused — regardless of your established use elsewhere. Learn more about the China trademark first-to-file principle and why timing determines ownership.
Reason 4: Prior Chinese Trademarks You Didn’t Know About
The problem: The Chinese trademark register is massive — CNIPA processes millions of applications annually. A mark that is available in the US or EU may already be registered in China by a local entity, often in a related similar group.
If your brand has already been registered by someone else in China, explore the legal remedies and step-by-step actions available to foreign companies.
8. Practical Tips for Foreign Applicants Filing in China
Based on everything above, here’s what you should do before filing a trademark in China. For a comprehensive overview of risks and strategies, visit the Foreign Brand China Entry Legal Risk Series.
1. Conduct a China-Specific Trademark Search
Don’t rely on USPTO or EUIPO search results — they won’t reveal Chinese prior marks. Search the CNIPA database (中国商标网) for identical and similar marks, paying attention to similar groups, not just classes. Use the online China trademark search tool or engage a professional search service.
2. Check Chinese Translations and Transliterations
If your brand has a Chinese name — or will be known by one in China — search that Chinese name too. CNIPA examines shape, sound, and meaning, so a Chinese translation or transliteration that sounds or looks similar to an existing mark could block your application. See our guide on how to choose a Chinese trademark name.
3. Select Goods/Services Carefully
Work with someone familiar with the Classification of Similar Goods and Services to select the right items in the right similar groups. Don’t just translate your US or EU specification — adapt it to China’s approved list. Refer to the comprehensive guide on selecting China trademark registration goods and services.
4. Consider Filing in Multiple Similar Groups
If your business covers related but different products (e.g., both clothing and footwear), you may need to file in multiple similar groups within the same Nice class to get full protection. Review the full China trademark classification list and subclass PDFs for each class (e.g., Class 25 subclasses PDF).
5. File Early
China is first-to-file. File your application before you enter the Chinese market — ideally well before. Waiting gives others the opportunity to register your brand first. Understand why the first-to-file principle makes timing critical.
6. Stay Updated on Classification Changes
China’s Classification Table updates annually. The 2026 version introduced significant changes — eyewear moved from Class 9 to Class 10, essential oils were reclassified across multiple classes, and new items like AIaaS were added. Make sure your application uses the current version. View the 2026 China trademark classification list for the latest updates.
Additional considerations for Amazon sellers: If you sell on Amazon, review our guide on why every Amazon seller must register a China trademark — even if Brand Registry won’t accept it.
9. Frequently Asked Questions
Can a US trademark registration be automatically protected in China?
No. Trademark rights are territorial. A US registration does not provide protection in China. You must file a separate application with CNIPA.
Is China trademark classification the same as the US?
China, the US, and EU all use Nice Classification, but China uses a similar group-based system (类似群) that affects examination and protection scope. The same class number does not guarantee the same scope of protection. Learn more about the China trademark subclass system.
Why was my trademark approved in the US but rejected in China?
Common reasons include: (1) different classification rules requiring specific goods descriptions; (2) prior Chinese trademarks you didn’t know about; (3) different similarity assessment standards (China examines shape, sound, and meaning comprehensively); and (4) China’s first-to-file principle.
Do I need to file for all 45 classes in China?
No. Most applicants only need to file in the classes relevant to their actual business. However, given China’s similar group system, you may need to file in multiple similar groups within the same class to get full protection for related but different products. View the complete classification list to identify relevant classes and subclasses.
Is TMClass the same as China’s Classification Table?
No. TMClass is a terminology database used in Europe, while China uses the Classification of Similar Goods and Services, which introduces similar groups that play an important role in trademark examination. Learn more about the China trademark subclass system.
Does registering in one subclass protect the whole class in China?
Generally no. Protection usually extends only to the approved goods or services within the selected similar groups. Additional similar groups may require separate coverage depending on your business. Review the full China trademark classification list for guidance.
10. Before You File: Make Sure Your Trademark Strategy Matches China’s Examination Practice
Before filing a trademark in China, foreign applicants should not rely only on their existing US or EU registration experience. The differences in classification, similarity assessment, and examination practice can lead to unexpected refusals — and wasted time and money. For a complete understanding of the China trademark system, explore the China Trademark Encyclopedia — a structured, practitioner-driven knowledge base.
Start with a free China trademark availability check before filing.
Need a professional risk assessment?
Our China trademark specialists can help you:
- ✅ Review trademark availability in the CNIPA database
- ✅ Assess similarity risks based on China’s similar group system
- ✅ Select the right classes and goods/services for your business
- ✅ Develop a filing strategy based on actual CNIPA examination practice
- ✅ Navigate classification updates and avoid common pitfalls
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Trademark laws and examination practices may change. Please consult a qualified trademark professional for advice specific to your situation.
