China Class 35 Trademark — The Complete Guide for Foreign Applicants: Definition, Strategy & Risk Prevention

📑 Table of Contents −

• Introduction
• 1. What Is China’s Class 35 Trademark?
  • 1.1 Legal Framework
  • 1.2 The Nine Sub-Classes
  • 1.3 Three Items CNIPA Has Specifically Clarified
  • 1.4 ⚠️ Critical Note on Retail Services
• 2. Who Must Register a Class 35 Trademark?
  • 2.1 Important Clarification for Foreign Applicants
• 3. Key Protection Scenarios & Illustrative Cases
  • 3.1 E-Commerce & Online Marketplace Protection
  • 3.2 Advertising Services Protection — The “Toutiao” Trademark Litigation
  • 3.3 Defensive Registration & Brand Moat
  • 3.4 Risk of Defensive Registration — Article 4 Bad Faith Filing
  • 3.5 Selling Your Own Products ≠ Class 35 Use — Beijing IP Court Decision
• 4. 2025 Nice Classification Updates Affecting Class 35
  • 4.1 The Huya Livestreaming Case
• 5. Multi-Class Protection Strategy
  • 5.1 Madrid Protocol Considerations for Foreign Applicants
• 6. Frequently Asked Questions (FAQ)
• 7. Action Checklist & Next Steps

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Introduction: Why Class 35 Is the “Must-Have” Trademark Category in China

In China’s brand protection landscape, Class 35 has earned the nickname the “universal trademark.” While that label oversimplifies reality, it captures the category’s central role in advertising, e-commerce, retail, franchising, and business consulting. According to the on the Application for Registration and Use of Class 35 Service Trademarks, issued by the China National Intellectual Property Administration (CNIPA) in December 2022, the defining feature of Class 35 services is that they are provided “for others” — not for the registrant’s own business needs. ^[3]

For foreign applicants, the stakes are particularly high. CNIPA data shows that overall trademark registration rejection rates in China have climbed to approximately 40% in 2025, nearly doubling from three years prior, with Class 35 (advertising and sales) being among the most heavily rejected categories. ^[2] Class 35 applications have surged by 300% since 2020, yet the approval rate in this “red ocean” category has fallen below 20%. ^[8] For foreign brands unfamiliar with China’s first-to-file system and the specific nuances of Class 35, the risks include rejection, squatting, and even multi-million-dollar infringement claims.

This guide provides foreign businesses and practitioners with a comprehensive overview of China’s Class 35 trademark: what it covers, who needs it, how to navigate recent classification changes (effective January 1, 2025), how to build a multi-class protection strategy, and how to avoid the most common pitfalls that lead to rejection or loss of rights.

1. What Is China’s Class 35 Trademark?

1.1 Legal Framework

China follows the Nice Classification system (NCL 12-2025, effective January 1, 2025), which divides all goods and services into 45 classes. Classes 1–34 cover goods; Classes 35–45 cover services. ^[4] Class 35’s official heading reads: “Advertising; business management; business administration; office functions.”

Its essence: providing business support services to others — helping others “sell things” or “run their business” — as opposed to manufacturing or selling your own products. Under the CNIPA Guidelines, a general goods producer whose business scope is limited to manufacturing or selling its own goods, and which does not provide services to other market entities or individuals, is not required to file for a Class 35 trademark. ^[3]

1.2 The Nine Sub-Classes

Class 35 in China comprises nine sub-groups, each covering distinct service areas:

Class 35 Detailed List Document Download | English Version of China trademark classification（Complete Document of the Classification of Similar Goods and Services）

1.3 Three Items CNIPA Has Specifically Clarified

CNIPA’s Guidelines devote special attention to three frequently misunderstood service items:

(1) “Sales promotion for others” (3503)
This refers to providing specific advising, planning, and consulting services to help others increase the sale of or demand for their goods or services. It does not include selling the registrant’s own goods or services, nor earning profits through retailing others’ goods. CNIPA has explicitly clarified that displaying a trademark on a storefront for the purpose of selling the registrant’s own products does not constitute use of a Class 35 “sales promotion for others” registration.

(2) “Provision of an online marketplace for buyers and sellers of goods and services” (3503)
This item was added in 2015 and is designed primarily for e-commerce platform operators that provide online trading platforms for buyers and sellers — such as Amazon, Alibaba, eBay, and JD.com — not for individual sellers operating their own online stores. ^[3]

(3) “Commercial administration of the licensing of the goods and services of others” (3502)
This refers to business management services provided for the franchising activities of others, and does not cover the franchisor’s own franchising conduct. Franchise brands must register under this item to legally conduct franchise operations. ^[3]

1.4 ⚠️ Critical Note on Retail Services

CNIPA does not recognize general retail or wholesale services as an independent category eligible for trademark registration, with the sole exception of retail/wholesale of pharmaceutical, veterinary and sanitary preparations and medical supplies (sub-class 3509). This differs significantly from the practice in many other jurisdictions and is a key point foreign applicants must understand.

2. Who Must Register a Class 35 Trademark?

2.1 Important Clarification for Foreign Applicants

A common misconception — particularly among foreign companies accustomed to broader retail service protection — is that all e-commerce businesses require Class 35. In China, if your company only sells its own branded products through its own website, your product class registration (e.g., Class 25 for clothing) is sufficient. The right to sell is inherent in your goods trademark registration. Class 35 is required when your platform sells other companies’ products or when you provide retail services as a distinct commercial activity.

That said, major Chinese e-commerce platforms (Tmall, JD.com, Douyin) typically require brands to hold both Class 25 (goods) + Class 35 (services) registrations as a condition for opening a flagship store. Missing either registration creates significant operational risk.

3. Key Protection Scenarios & Illustrative Cases

3.1 E-Commerce & Online Marketplace Protection

“Provision of an online marketplace for buyers and sellers of goods and services” (350120) is the core protection item for e-commerce platform operators. Without a Class 35 registration, platform operators may be unable to prevent others from using confusingly similar names on similar e-commerce services, and may also fail to satisfy platform entry requirements on China’s major e-commerce channels.

3.2 Advertising Services Protection — The “Toutiao” Trademark Litigation

In a notable case before the Hangzhou Railway Transport Court, Beijing ByteDance Technology Co., Ltd. and Zhejiang Toutiao Technology Co., Ltd. (the plaintiffs, operators of the “Toutiao” / “今日头条” news aggregation platform) successfully sued Shenzhen Story Culture Media Co., Ltd. for trademark infringement. The defendant had deliberately named its website “头条百科” (Toutiao Baike / Encyclopedia) and used “头条” marks throughout its site. The court found that the defendant’s services fell within Class 35 and Class 38, and that the defendant’s use was likely to cause relevant consumers to believe its services originated from or were affiliated with the plaintiffs. In February 2021, the court ordered the defendant to pay RMB 3 million in damages. ^[7]

Key Takeaway for Foreign Applicants: If your business model depends on advertising revenue — even if your core product is an app or internet service — Class 35 protection for advertising services is an essential defense. The Toutiao case also demonstrates the potentially high value of damages in Class 35 disputes.

3.3 Defensive Registration & Brand Moat

In practice, many companies register Class 35 as a defensive measure to prevent competitors from using their brand name on retail stores, advertising services, or franchise operations. For example, a clothing brand registered in Class 25 that does not also register Class 35 could find another party opening a clothing retail store under the same brand name, causing consumer confusion and diluting the original brand’s value.

3.4 Risk of Defensive Registration — Article 4 Bad Faith Filing

China’s Trademark Law, Article 4, explicitly provides that “trademark registration applications made in bad faith and not for the purpose of use shall be rejected.” ^[9] This provision is designed to combat trademark hoarding. In one typical case highlighted by the Beijing Intellectual Property Court (BIPC), a liquor company’s application for the mark “王子(prince)” was rejected under Article 4 after it was found to have applied for over 340 marks across multiple classes, far exceeding normal business needs and constituting bad faith filing without intention to use.

Practical Implication for Foreign Applicants: When filing Class 35 as a defensive measure, you must be prepared to demonstrate a reasonable connection to your actual business and a genuine intention to use the mark. Pure hoarding behavior — filing large volumes of marks without any concrete business plan — risks outright rejection.

3.5 Selling Your Own Products ≠ Class 35 Use — Beijing IP Court Decision

The Beijing IP Court has upheld CNIPA decisions to cancel Class 35 trademark registrations where the registrant could only prove use in connection with the sale of its own products. A Marks & Clerk analysis of these decisions confirms that “local sales alone are insufficient to support a Class 35 registration” and that CNIPA continues to refuse retail services for trademark registration (other than the limited exception for pharmaceutical and medical supplies). This line of cases is of critical importance to foreign brand owners who hold defensive Class 35 registrations in China: unless genuine “for others” service use can be proven, those registrations remain vulnerable to non-use cancellation actions after three years.

4. 2025 Nice Classification Updates Affecting Class 35

Effective January 1, 2025, China officially adopted the Nice Classification 12th Edition, 2025 Version (NCL 12-2025). Trademark applications filed on or after this date must comply with the updated classification. ^[4]

4.1 The Huya Livestreaming Case — A Cautionary Tale on Classification Nuances

The 2025 updates are particularly relevant in light of the Huya case, selected for inclusion in the Top 10 Judicial Cases on Trademark Granting and Affirmation 2024 by the Beijing courts and the Supreme Court’s Annual Report on the Application of Laws in Intellectual Property Cases. ^[1] In this case, Guangzhou Huya Information Technology — a leading game-livestreaming platform — had registered a mark in Class 35 covering “sales promotion for others.” When a third party launched a non-use cancellation action, Huya submitted evidence of its live commerce activities and game promotion contracts. However, CNIPA deemed that Huya’s promotional activities fell under “advertising” rather than “sales promotion for others,” and cancelled the registration for the latter item. The Beijing IP Court and Beijing High Court upheld this decision. ^[1]

The Huya case underscores the importance of precise service descriptions in Class 35 applications and the difficulty brand owners face in proving trademark use for specific Class 35 sub-items — a lesson equally critical for foreign applicants.

5. Multi-Class Protection Strategy

For most commercially active businesses, a single class registration is insufficient for comprehensive brand protection. A well-designed multi-class strategy is key:

5.1 Madrid Protocol Considerations for Foreign Applicants

Foreign applicants may designate China through the Madrid System. However, it is critical to note that not all terms accepted by other IP offices or listed in the Nice Classification are accepted by CNIPA, particularly for Class 35. If the goods/services description in the international registration is deemed too broad or inconsistent with China’s classification standards, the designation may be partially or entirely refused. ^[11] Engaging a local Chinese trademark attorney to review the specification before filing through Madrid can significantly reduce this risk.

Additionally, under the Madrid Protocol, if the home country’s basic trademark is cancelled or invalidated within five years of the international registration date (the “central attack” principle), the international registration collapses across all designated jurisdictions. Ensuring the stability of the home-country registration is therefore essential when relying on the Madrid route.

6. Frequently Asked Questions (FAQ)

Q1: I am a pure manufacturer. I only sell products under my own brand. Do I need Class 35?
Generally, no. Under CNIPA’s Guidelines, a general goods producer whose business scope is limited to manufacturing or selling its own goods — and who does not provide services to other market entities — is not required to file for a Class 35 trademark. Your trademark registration in the corresponding goods class (e.g., Class 25 for clothing) inherently includes the right to sell those goods. However, if you also operate branded flagship stores or provide retail services to consumers, adding Class 35 as a defensive measure is strongly recommended, especially given platform requirements.

Q2: I want to open a flagship store on Tmall, JD.com, or Douyin. Do platforms require a Class 35 trademark?
Yes, in most cases. Major Chinese e-commerce platforms typically require merchants to hold both a Class 25 (goods) trademark and a Class 35 (services) trademark as a condition for opening a flagship store. Missing either registration creates significant operational risk, including potential store removal following infringement complaints. Class 35 protects your store brand; the goods class protects your product brand — both are essential for e-commerce operations in China.

Q3: Does registering Class 35 for “sales promotion for others” give me full protection for retail services?
No. CNIPA currently refuses trademark registration for general retail and wholesale services, with the sole exception of pharmaceutical and medical supply retail/wholesale (sub-class 3509). The Class 35 item “sales promotion for others” protects the act of providing sales assistance services to others, not retail activity itself.

Q4: I have a Class 35 registration, but I only use it to sell my own products. Is there a risk?
Yes — cancellation risk. Chinese courts have confirmed that using a trademark solely for selling one’s own branded products does not constitute valid use of a Class 35 registration. After three consecutive years without genuine “for others” service use, any third party may apply for non-use cancellation (Trademark Law, Article 49(2)).

Q5: Is defensive registration in Class 35 risky?
It requires caution. Article 4 of China’s Trademark Law provides that applications “made in bad faith and not for the purpose of use shall be rejected.” ^[9] When filing Class 35 defensively, applicants should be able to demonstrate a reasonable connection to their actual business and a genuine intention to use the mark. Pure hoarding — filing large volumes of marks without any concrete business purpose — may result in rejection and potentially be classified as bad faith behavior.

Q6: Will a Class 35 registration prevent others from using the same name in other classes?
No. Trademark protection in China follows the “same-class protection” principle. Your Class 35 registration can only prevent others from using identical or similar marks on the specific Class 35 services for which you are registered. It does not automatically prevent others from registering and using the same name in Class 25 (clothing), Class 9 (software), Class 43 (restaurants), or any other class. This is precisely why multi-class registration strategies are essential.

Q7: Do the 2025 Nice Classification changes affect my existing Class 35 registration?
No. The annual Nice Classification revision applies only to new applications filed on or after January 1, 2025. Existing Class 35 registrations are not affected and do not need to be re-classified. However, when renewing or adding new service items, applicants should refer to the latest classification version for proper specification.

Q8: Can a trademark agency apply for Class 35 registration?
Caution required. Under Article 19 of China’s Trademark Law, trademark agencies are prohibited from registering trademarks on services other than their own agency services. A trademark agency cannot apply for a Class 35 trademark for itself (except for its own trademark agency services, which fall within a narrow scope). This restriction aims to prevent agencies from leveraging their professional position to squat on client brands. However, agencies may represent other applicants in filing Class 35 registrations — as long as the applicant itself is not a trademark agency.

7. Action Checklist & Next Steps

By: CTMAA Expert Team

CNIPA-registered trademark professionals and cross‑border IP specialists with extensive experience advising US and EU companies — including the cases mentioned above.

Reviewed: Kevin Kang Founder & Trademark Strategy Lead – 15+ years in China trademark strategy for foreign brands.

View Full Team → Kevin Kang