China's Trademark Subclasses: How to Draft a Specification That Actually Protects You

Foreign applicants usually think about trademark coverage in terms of Nice classes. In China that is only half the picture. CNIPA divides every class into numbered subclasses, and examiners decide whether goods are similar mainly by subclass. A specification that looks complete by class can leave gaps that a squatter can fill, while goods you thought were unrelated may block your own application. This guide explains how China's subclass system works and how to draft a specification that protects the business you actually run. It sets out general rules; a specific case needs professional advice.

How the subclass system works

• The guide: CNIPA's Similar Goods and Services Division Table splits each Nice class into groups, for example 2501 to 2513 in class 25. It is the reference examiners use for similarity.
• Same subclass, usually similar: goods in the same subclass are generally treated as similar; goods in different subclasses of the same class generally are not.
• Notes create exceptions: the table's notes declare some goods similar across subclasses or even across classes. Check the notes for every subclass you rely on.
• Not binding in court: in infringement and some disputes, courts look at actual market facts as well, but in examination the table is the main reference, though examiners can depart from it in individual cases.

Drafting a specification that works

1. Map your products to subclasses first: list what you sell now and plan to sell within a few years, then find the subclass for each item.
2. Cover every subclass that matters: include at least one item in each subclass where you sell or will sell. A registration in one subclass usually does not stop someone registering the same mark in the next one.
3. Prefer standard terms: items taken from the table are examined faster and rarely draw correction requests. Non-standard terms are accepted if clear, but vague or foreign-style descriptions are often sent back for correction.
4. Watch the item count: the official fee covers up to 10 items per class, with a charge for each extra item. Spend the items on subclasses, not on several items within one subclass.
5. Add the Chinese-character mark: file the same coverage for your Chinese name. See Choosing a Chinese Brand Name.

Where foreign applicants go wrong

• Copying the home specification: a list written for the EU or the US often lands in only one or two Chinese subclasses. Re-draft for China rather than translating.
• Madrid designations: a Madrid designation of China carries the international specification. CNIPA examines it by subclass, and refusals often come from conflicts in subclasses the applicant never considered. See Madrid Designations of China: Handling a Provisional Refusal.
• Retail and online sales: selling your own goods online does not require class 35. See Nice Classes Explained for the classes applicants get wrong most often.
• Skipping the search: a clearance search should be run subclass by subclass, including cross-subclass notes. See Before You File in China: What a Trademark Clearance Search Covers.

Frequently asked questions

Can we add goods to a Chinese application after filing? No. You can narrow the specification, but new goods need a new application with a later filing date.

Does a registration in one subclass give any protection in another? Usually not at registration stage, unless the table's notes make the goods similar. A well-known mark can get wider protection, but that has to be proved.

Should we file all items in a class to be safe? Not necessarily. Unused registrations can be cancelled after three years of non-use. Cover the subclasses you need, and file again when the business expands.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We draft specifications and file trademarks in China for foreign brands; see our trademark registration service.