Which Trademark Class Should You File in China?

Why the class you pick decides whether your registration is worth anything

The starting scope of a Chinese registration is the approved mark and designated goods or services. Infringement protection can also reach similar marks on similar goods or services; qualifying well-known-mark protection has additional rules. If you register in the wrong class, or in the right class but the wrong part of it, you can hold a perfectly valid certificate and still be unable to stop someone else from using your brand on the product you care about most.

This is where the majority of foreign applicants lose money. They copy the class they use at home, file in one class, and discover a year later that the registration does not cover the thing they sell.

The two-layer system you have to understand

China follows the Nice Classification — 45 classes, 1 to 34 for goods, 35 to 45 for services. That part is familiar.

CNIPA uses the Nice classes together with similar groups (类似群) and explanatory notes. Similar groups generally have four-digit codes, such as 2501 for clothing; six-digit numbers such as 250045 identify individual Nice goods or services, not the similar group itself.

The practical consequence is blunt: CNIPA judges similarity mainly within a subclass. Two identical brand names in the same Nice class but different subclasses are often treated as non-conflicting. That cuts both ways — it means a prior mark in a different subclass may not block you, and it also means your registration may not block someone else.

This is why "I registered in Class 25 for clothing" is an incomplete answer. Clothing is not one block. T-shirts, trousers and jackets may sit in a different subclass from socks, and socks in a different one from swimwear.

What this looks like in practice

Think of it as rooms inside a building. The class number is the building. Registration in the building does not give you every room. You get the rooms you named.

An examiner comparing your mark to an earlier one will first ask whether the goods fall in the same subclass. If they do not, the conflict argument usually ends there. If they do, the examiner then runs the same visual, phonetic and conceptual similarity test used everywhere else.

Core classes by industry

These are the classes foreign applicants most often need. Treat this as a starting point, not a filing plan.

Clothing and fashion Class 25 covers clothing, footwear and headwear; Class 18 includes bags and luggage; Class 24 includes relevant textiles. Consider Class 35 only for services actually provided to others, such as advertising, promotion or an online marketplace, rather than automatically for selling your own clothing.

Software and technology Class 9 covers downloadable software and mobile applications. Class 42 covers software as a service, cloud computing and software development. These are not interchangeable: a downloadable app sits in Class 9, a hosted platform sits in Class 42, and a brand with both needs both.

Food and beverage Class 29 includes meat, dairy and specified processed foods; Class 30 includes coffee, tea and confectionery; Class 32 includes beer and specified non-alcoholic drinks; Class 33 includes alcoholic beverages other than beer; Class 43 includes restaurant and catering services.

Cosmetics and personal care Class 3 covers cosmetics and toiletries. Class 21 covers cosmetic utensils and brushes. Class 44 covers beauty salon and hygiene services.

Manufacturing and machinery Class 7 covers machines and machine tools. Class 12 covers vehicles. Class 37 covers repair and installation services.

Professional services Class 35 includes advertising and business management services for others. Class 41 includes education and training; Class 45 includes legal and specified personal services. Select the actual service item, not a broad label such as "retail" without checking Chinese practice.

The Class 35 trap

Class 35 is the single most misunderstood class for foreign companies, and it deserves its own section.

In many countries, a registration covering "clothing" is enough to cover both making clothing and selling it. China does not work that way. Manufacturing and retail are different things, classified differently.

Selling your own goods on Tmall, JD.com, Douyin, WeChat or your own website does not by itself mean you provide Class 35 services. Protection for the goods remains central. Class 35 is relevant where you actually provide covered services to others; marketplace operation and a seller's own shop are different activities.

Assess advertising for others, sales promotion for others, import-export agency or provision of an online marketplace only where those services match the business. China does not accept a general "retail services for clothing" item merely because Nice practice elsewhere uses that wording.

Read the actual accepted Chinese items and CNIPA's Class 35 guidance. A registration in Class 35 neither replaces goods-class protection nor automatically grants exclusive rights over every retail sale under the name.

Cross-class similarity

Different class numbers do not conclusively resolve similarity, and the same class does not make every item similar. Check the specific goods or services and the similar-group notes; do not presume Class 25 and Class 35 are automatically conflicting.

The lesson is not to file blindly in more classes. It is to accept that the boundary is not purely mechanical, and that a search has to consider adjacencies rather than just your own class number.

Defensive filing — how much is enough

Defensive filing means registering in classes you do not yet use, so a third party cannot take your brand in an adjacent category and trade on your reputation.

The classes that most often repay defensive protection:

Class 35 if you provide relevant advertising, promotion, management or marketplace services to others.
Class 9 or 42 where the actual software goods or software services justify them.
Other classes only where the business supplies the corresponding goods or services. Packaging, manuals or internal brand promotion do not by themselves mean you sell Class 16 goods or provide Class 41 services.

The judgment call is always cost against exposure. Every additional class carries its own official fee and its own examination risk, because a new class is a fresh opportunity to collide with a prior mark. For most small and mid-sized brands, the sensible sequence is: secure the classes you genuinely trade in first, then add the two or three defensive classes where squatting would hurt most.

Six mistakes foreign applicants make

Copying your home-country class. A US or EU registration for software may not capture the SaaS and marketplace layers, which sit in Classes 42 and 35 in China.

Assuming one class covers a product family. A Class 25 registration does not protect bags, which live in Class 18. Streetwear brands have found this out after a factory filed their mark on backpacks.

Filing a class heading instead of specific items. The heading is broad and vague. Examiners read specifications narrowly, and a vague specification can trigger a correction notice.

Assuming a Madrid designation solves classification. A Madrid designation of China is examined under Chinese classification rules. A specification drafted for your home jurisdiction may not map cleanly onto Chinese subclasses, and CNIPA can issue a provisional refusal requiring clarification.

Ignoring subclasses entirely. Two marks in the same class but different subclasses may coexist. If your protection is concentrated in the wrong subclass, you are effectively unregistered for the goods that matter.

Filing too many classes with a loose specification. Cost is not the main risk here. The risk is that a wide, imprecise specification multiplies the number of subclasses you touch, and therefore the number of prior marks you can collide with. A tight specification aimed at goods you actually sell is both cheaper and safer.

How to decide in four steps

Step one — name what you sell today. List the actual products or services, in ordinary words. Not the category, the products.

Step two — map each to a class and a subclass. This is the step that requires the Chinese classification manual, not just the Nice headings. It is also the step where non-specialists most often go wrong.

Step three — add adjacency. Ask which adjacent classes a competitor or squatter could use to confuse your customers. Retail and software are the two most common answers.

Step four — run the search before committing. Class and subclass decisions interact with what is already on the register. A subclass that looks ideal may be crowded with prior marks. Deciding the specification without searching first usually means filing into a wall.

Frequently asked questions

Does one trademark application cover multiple classes in China?

One application covers one mark. You can include multiple classes within a single application document, but each class is charged its own official fee and examined separately. The mark must be identical across the classes.

Does a Class 25 registration protect shoes and bags in China?

Footwear and headwear are in Class 25, but bags and leather goods are in Class 18, a separate class. A Class 25 registration does not protect bags. Brands that sell a full range usually need both.

Do I need Class 35 to sell on Tmall or JD.com?

Not automatically. Selling your own goods is not itself the provision of Class 35 services. Check the actual platform's current admission rules separately, and register the relevant goods and any services genuinely provided to others.

What is the China subclass system?

The Nice classes are divided into similar groups, generally identified by four-digit codes. Six-digit numbers identify individual Nice items. Similarity also depends on the notes and the specific goods or services, including some cross-group relationships.

Can I register in a class I am not yet using?

Yes. China does not require use before filing, and defensive registration in unused classes is common and legitimate. However, a registration unused for three consecutive years can be cancelled by any third party, so defensive registrations need to be managed rather than simply parked.

How many classes should a small brand file in China?

Start with the goods and services actually supplied and realistically planned. Add Class 35 where the business provides covered services to others, rather than making it a universal requirement for every seller. Any defensive scope should be reasonable.

What happens if I choose the wrong class?

You cannot amend an application to add a class. The usual fix is a fresh application in the correct class, which means a new filing date and a new examination. This is why classification decisions should be made before filing rather than corrected after.