Trademarks are registered by class because the scope of the exclusive right in a trademark is limited to the approved goods or services. To facilitate administration and examination, the internationally accepted practice is to divide goods and services into 45 classes (the Nice Classification); applicants must file within selected classes and items, and after registration enjoy the exclusive right only on those items.
Reasons for Classification-Based Registration
- Delimiting the boundaries of rights: different undertakings may use the same trademark on entirely different goods without conflict — Great Wall can be both wine and automobiles; the classification system makes the boundaries of rights clear and justiciable.
- Facilitating examination and administration: examiners search prior trademarks by class and judge similarity conflicts on identical or similar goods; without classification this would be unworkable.
- Rationally allocating public resources: filing and paying fees class by class prevents a small number of applicants from monopolizing the entire field of goods and services.
The Structure of the 45 Classes
- Classes 1–34: goods trademark classes, such as Class 25 (clothing, footwear, headgear), Class 30 (food and condiments), and Class 9 (electronic equipment).
- Classes 35–45: service trademark classes, such as Class 35 (advertising and sales), Class 43 (food, drink, and accommodation), and Class 41 (education and entertainment).
Practical Points in Class Selection
- The scope of protection is determined by the filing: if you register only in Class 25, you generally cannot stop others from applying for the identical trademark on Class 18 luggage (well-known trademarks excepted).
- Similar groups within a class: each class is divided into several similar groups, some of which are judged similar to one another; filings should be understood in conjunction with the Classification Table of Similar Goods and Services.
- Common omissions: e-commerce businesses easily miss Class 35 (sales promotion for others, online retail services); software businesses easily leave a gap between software goods (Class 9) and software services (Class 42).
Choosing the wrong classes or omitting classes is the most common mistake in trademark layout for small and medium-sized enterprises; before filing, it is advisable to systematically review both the current state of the business and future plans.
In similar situations, it is advisable to first consult a CNIPA-recorded trademark agent on MyTMBee to assess whether a trademark registrability assessment is needed before deciding on the next step.