China Trademark Registration: Goods and Services Classification and Application Guide

1. Overview of Goods and Services Classification

Member states of the Nice Union adopt the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). The current Nice Classification divides goods and services into 45 classes: goods fall under Classes 1-34, and services fall under Classes 35-45.

The China National Intellectual Property Administration (CNIPA) categorizes Nice Classification items into similar groups and supplements them with commonly used goods and services in China, creating the Similar Goods and Services Distinction Table (Distinction Table). This table serves as the official reference for applicants during China Trademark Registration application. The Distinction Table contains class headings, [Notes], and standard names for goods and services within each of the 45 classes.

• Class Headings indicate the scope of goods/services within the class.
• [Notes] explain what is primarily included or excluded.
• Standard Names listed are the officially accepted designations.

The Nice Classification is revised annually, and the Distinction Table is updated accordingly. Applicants must use the Distinction Table version in effect at the time of application submission. They may apply using either standard names or names not listed in the Distinction Table.

2. Principles for Classifying Goods and Services

First: Classification must be based on the Nice Classification. While various departments use different classification systems for management or statistics, China Trademark Registration strictly follows the Nice Classification.

Second: When applying for goods/services not listed in the Distinction Table, applicants must determine the appropriate class by referencing the class heading, [Notes], and comparing to standard names.

• Example 1 (Goods): “Nut Shell Crafts”
  • Class Heading (Class 20): Includes “unworked or semi-worked bone, horn, whalebone, or mother-of-pearl”.
  • [Notes]: States Class 20 includes “certain goods made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, substitutes for all these materials, or plastics” and lists “works of art of wood, wax, plaster or plastic” as a standard name.
  • Classification: “Nut shell crafts” should be applied for in Class 20.
• Example 2 (Services): “Gene Screening Services”
  • Class Heading (Class 42): Covers “scientific and technological services and research and design relating thereto”.
  • [Notes]: States Class 42 particularly includes “scientific research services for medical purposes”.
  • Class Heading (Class 44): Covers “medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services”.
  • [Notes]: States Class 44 particularly includes “medical analysis for the treatment of persons (such as x-ray examinations and taking of blood samples)”.
  • Classification:
    • “Gene screening (for scientific research purposes)” → Class 42.
    • “Gene screening (for medical purposes)” → Class 44.

Third: If classification remains unclear after applying the above steps, follow the fundamental classification principles outlined below.

Goods Classification Principles:

1. Finished Products: Classified primarily by function or intended use.
   • Gloves:
     • “Gloves [clothing]” (Clothing) → Class 25.
     • “Anti-accident gloves” (Life-saving apparatus) → Class 9.
     • “Surgical gloves” (Medical apparatus) → Class 10.
     • “Insulating gloves” (Insulating materials) → Class 17.
     • “Household gloves” (Household utensils) → Class 21.
     • “Sports gloves” (Sports equipment) → Class 28.
     • Avoid: “Disposable gloves” (Vague). Specify use: e.g., “Disposable surgical gloves” → Class 10; “Disposable household gloves” → Class 21.
2. Multi-functional Finished Products: Classified by primary function or intended use.
   • “Electronic sound-producing device with book” (Primary: Device) → Class 9.
   • “Book with electronic sound-producing device” (Primary: Book) → Class 16.
3. Raw Materials, Unworked/Semi-finished Goods: Classified by constituent raw material.
   • “Building materials of metal” → Class 6. Therefore, “Metal building liners” → Class 6.
   • “Metal artificial reefs” (Made of metal) → Class 6.
4. Goods Made of Multiple Raw Materials: Classified by the primary raw material.
   • “Milk-based beverages (milk predominating)” → Class 29 (Dairy).
   • “Coffee beverages with milk” (Essence: Coffee beverage) → Class 30 (Coffee).
5. Component Parts: Goods that are integral parts of another product and unusable otherwise are classified with that product.
   • “Telephone receivers” (Part of telephones) → Class 9.
6. Specialized Containers: Containers specially designed to hold specific goods are classified with those goods.
   • “Specially designed toiletry cases” → Class 21 (Household utensils).
   • “Non-specially designed toiletry cases” → Class 18 (Leather goods).

Services Classification Principles:

1. General Rule: Classify by industry sector, considering the service’s purpose, content, method, and target audience, while comparing to standard names.
   • “Production of advertising films” (Advertising) → Class 35.
   • “Film production, other than advertising films” (Entertainment) → Class 41.
   • “Production of television shopping programs” (Advertising) → Class 35.
2. Specific Service Types:
   • Rental Services: Classified with the service provided by the rented item.
     • “Rental of telephones” (Provides communication) → Class 38.
     • Note: Leasing follows similar principles. Financial leasing is a financial service → Class 36.
   • Advisory/Information Services: Classified with the subject matter of the advice/information (Electronic delivery doesn’t change classification).
     • “Transportation information” → Class 39 (Transport).
     • “Financial consultancy” → Class 36 (Finance).
     • “Providing financial information via a website” → Class 36.
   • Franchising Services: Classified with the service provided by the franchisor.
     • “Franchising services, namely business management consultancy” → Class 35 (Business management).

3. Basic Requirements for Naming Goods and Services

Applicants for China Trademark Registration should prioritize using Standard Names listed in the Distinction Table. Enter the specific name (the text before the 6-digit code), not class numbers, headings, notes, group numbers, group names, or item numbers.

Alternatively, applicants may use CNIPA-published Acceptable Names outside the Distinction Table. Crucially, all names (Standard or Acceptable) must comply with the Nice Classification and Distinction Table version in effect at the time of application submission. Names that are obsolete or not yet active at that time are invalid.

Applicants may also propose Other Names not found in the Distinction Table or Acceptable Names list, provided they meet these requirements:

1. Correct Classification: Must align with the classification principles of the Nice Classification and Distinction Table version in effect.
2. Accurate & Distinct Description: The name must precisely describe the good/service and sufficiently distinguish it from items in other classes. Avoid vague, overly broad, ambiguous, or misleading names. Descriptive terms (e.g., indicating function, use, material, sales channel, target consumer for goods; purpose, content, method, audience for services) are generally acceptable.
3. Standard Language: Must comply with Chinese language laws, punctuation rules, and social conventions. Use standardized simplified Chinese characters. Avoid typos and traditional characters.
4. Supplementary Explanations (Optional): Applicants may submit explanations clarifying the good/service. However, the name itself must meet all requirements above; the explanation is supplemental only.

4. Key Considerations for Naming Goods and Services

Based on the Distinction Table framework, principles, and practical experience in trademark application examination, CNIPA provides the following explanatory examples. These are illustrative, not exhaustive. Applicants should grasp the underlying logic and carefully name goods/services based on their specific circumstances during China Trademark Registration.

1. Avoid Overly Broad Terms: Terms like “Handicrafts not elsewhere classified” or “Providing information related to the above services” are unacceptable due to unclear scope.
2. Use Descriptive Terms Judiciously: Objective descriptive terms (function, use, material, audience, etc.) are acceptable as limiting/specifying factors. Avoid promotional, exaggerated, or ambiguous descriptions.
   • Avoid: “Organic tea” (“Organic” lacks clear definition outside chemistry).
   • Avoid: “Flavored milk”, “Tasty milk” (“Flavored”/”Tasty” are vague).
   • Avoid: “Nutritious pasta”, “Instant prepared noodles” (“Nutritious”/”Prepared” are promotional).
   • Avoid: “Specially made clothing”, “High-grade clothing” (Promotional & vague). Exception: “Extra virgin olive oil” has a clear definition.
   • Avoid: “Special pulp”, “Specific pulp” (“Special”/”Specific” are ambiguous).
   • Use Carefully: “Consultation related to stress” (Vague) is unacceptable. “Medical consultation related to stress” (Clear type) is acceptable.
3. Transliterated Foreign Words: Avoid if the transliteration has low acceptance, limited use, or isn’t the standard Chinese name. Use the standard Chinese term.
   • Avoid: “Vitamin preparations” (Use standard “维生素制剂”).
4. Foreign Letters: Generally avoid. Widely recognized, unambiguous acronyms (like CD, DVD, LED, DNA already in Distinction Table) may be acceptable. Avoid acronyms with unclear meaning, multiple interpretations, or limited recognition.
5. Geographical Names: Generally avoid terms like “Italian-origin beer”, “Produced in [Location]”.
6. Avoid Vague Terms like “Products” or “Goods”: Names like “Steel products” or “Bath products” are too broad and unacceptable.
7. Avoid “/or”: Creates ambiguity (e.g., “Potatoes with added protein, and/or vegetables, and/or plants, and/or seasonings”).
8. Ethnic/Religious Terms: Exercise extreme caution. Terms like “Halal” have specific meanings; use requires careful consideration to avoid confusion/misrepresentation.
9. Regional Dialect Terms: Avoid names only understood in specific regions (e.g., “Xi Lou Mian” – a regional noodle term).
10. Dish Names: Avoid if they don’t clearly indicate ingredients or preparation (e.g., “Tiger Salad”).
11. Punctuation:
    • Names should be noun phrases, not sentences/paragraphs. Avoid periods (.) and minimize commas (,), though commas within explanatory parentheses are acceptable.
    • Avoid multiple sets of parentheses causing confusion (e.g., “Unprocessed artificial resin (raw material) (covering material)”).
    • Avoid ampersands (&) or Chinese-style enumeration pauses (、) listing distinct items within a single name (e.g., “False eyelashes, wigs”). Acceptable if terms modify the same central noun (e.g., “Adhesive for false eyelashes and wigs”).

5. Examples of Unacceptable Goods/Services Names

1. Incorrect Class: Applying for “Household gloves” in Class 25 (Belongs in Class 21).
2. Multiple Classes in One Name:
   • “Chemical preparations” (Non-medical/vet → Class 1; Medical/vet → Class 5).
   • “Salmon” (Live → Class 31; Non-live → Class 29).
   • “Holiday camp services” (Entertainment → Class 41; Accommodation → Class 43).
3. Obsolete Name/Class: Applying for “Paper and cellulose baby diapers [disposable]” in Class 16 (Deleted from Class 16 in 2012; now “Baby diapers” → Class 5).
4. Multiple Distinct Items: “Steel and alloys” (Should be separate applications: “Steel”, “Steel alloys”).
5. Vague/Broad/Ambiguous Name: “E-commerce services” (Too broad; specify the actual service provided, e.g., “Online retail services” → Class 35, “Providing commercial information via website” → Class 35, “Electronic payment services” → Class 36).
6. Illegal or Harmful Content: Names containing terms like “gambling”, “betting”, “fortune-telling”, “divination” (e.g., “Gambling machines”, “Poker chip [gambling]”, “Fortune-telling services”) are strictly prohibited under Chinese law and regulations.