Trademark Wiki / 商标基础

Why Are Trademarks Registered by Class?

Q&APublished 2026-09-17 · Updated 2026-09-17

The exclusive right in a trademark is limited to the approved goods or services; the internationally accepted practice is to divide goods and services into 45 classes, and applicants must file by class and pay fees separately.

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

  1. 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.
  2. 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.
  3. 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.