Approved goods (services) are the specific list of goods or service items covered by the exclusive right of a registered trademark, as determined by the CNIPA upon approving the registration. They are recorded item by item on the trademark registration certificate and are the core basis for delimiting the scope of trademark rights.
How They Are Determined
When filing a registration application, the applicant must designate the goods or service items according to the Classification of Similar Goods and Services, which divides goods and services into 45 classes, each further subdivided into similar groups and specific items. The items approved by the CNIPA after examination become the approved goods. They may be identical to the applied items, or some items may be partially refused—for lack of distinctiveness or conflict with prior trademarks—so that only part of them is ultimately approved.
Legal Significance
Under Article 56 of the Trademark Law, the exclusive right to use a registered trademark is limited to the trademark as registered and the goods as approved. This determines three things:
- Scope of protection: enforcement claims can only be made against infringements on the approved items and similar goods;
- Obligation of use: non-use cancellation review examines genuine use of the trademark on the approved goods after registration; use on unapproved items cannot maintain the registration;
- Risk of exceeding scope: using the trademark with the ® symbol on unapproved goods may constitute passing off an unregistered trademark as a registered one.
Approved Goods vs. Similar Goods
The approved goods are the very center of the right, but the reach of the trademark's prohibition right can extend to identical or similar trademarks on similar goods. Whether goods are similar is determined primarily by reference to the Classification of Similar Goods and Services, combined with a comprehensive assessment of factors such as the goods' function, purpose, production sector, sales channels, and target consumers. In other words, the approved list delimits the boundary of the right to use, while the boundary of protection is slightly broader than the list.
Difference from Applied Items
Designated goods are the items the applicant applies for in the hope of obtaining protection; approved goods are the items finally approved by the CNIPA after examination, and the two may differ. After obtaining the certificate, plan use and enforcement based on the approved items, not the list filed at application.
Practical Essentials
- When applying, select items in light of current business and development plans, covering both core business items and related defensive items;
- When the business expands into new fields, file a separate registration application for the new items. Under Article 23 of the Trademark Law, where a registered trademark needs to obtain the exclusive right on goods beyond the approved scope, a new registration application must be filed;
- Procedures such as renewal, change, and assignment do not alter the approved items; once approved, the item list remains stable;
- Regularly check whether the approved items on the certificate match the actual business scope, and promptly file supplementary applications to fill any gaps.
The application of these concepts in practice involves nuances. Before proceeding, you may consult a recorded agent through MyTMBee for targeted analysis.