A multi-class application means that the same applicant applies, through a single trademark registration application, to register the same trademark for goods or services in multiple classes. China has operated this system since May 1, 2014: one application corresponds to one application number and one registration number, with a unified filing date and synchronized progress across classes.
Legal Basis
Article 22 of the Trademark Law: an applicant for trademark registration shall, according to the prescribed classification of goods, declare the classes and names of the goods on which the trademark is to be used and file a registration application; the applicant may, through one application, apply for registration of the same trademark for goods in multiple classes.
Before that, the same trademark in different classes had to be applied for separately—this is the dividing line between "one mark, multiple classes" and "one mark, one class."
How Fees Are Calculated
Official fees accumulate by number of classes. Online applications are charged per class, with each class covering a set number of goods items and additional items calculated separately; paper applications cost more than online filings. Whether it is cost-effective depends on the number of classes: with few classes, the two approaches differ little; with many classes, considerable filing and process costs can be saved.
Note that agency service fees are also usually charged by class or by item, together with official fees constituting the actual cost.
Knock-On Effects on Subsequent Procedures
A multi-class application binds multiple classes to one registration number, giving procedures a stronger "advance and retreat together" character:
- Change: where the registrant's name, address, or other registered particulars change, a change application shall be filed and handled for the whole trademark (Article 41 of the Trademark Law);
- Assignment: the assignment application is handled for the whole trademark; similar trademarks registered for identical goods, or identical or similar trademarks registered for similar goods, shall be assigned together (Article 42(2));
- Renewal: where continued use is needed after expiry, renewal shall be handled within twelve months before expiry, with a six-month grace period if not handled in time; renewal likewise targets the whole registration (Article 40);
- Licensing: licensing others to use the mark shall be filed with CNIPA for the record; without recordation, it cannot be asserted against bona fide third parties (Article 43(3)).
Under a multi-class registration, transferring out a single class alone, or renewing only one class, usually cannot be done.
Partial Refusal and Division
Under a multi-class application, different classes may receive different outcomes. Where some items are refused, the applicant may, within fifteen days of receiving the Notification of Partial Refusal of Trademark Registration Application, file a division application to divide the preliminary approved portion into a separate application, which retains the original filing date; CNIPA generates a new application number for that portion and publishes it for announcement (Article 22 of the Implementing Regulations).
If no division and no review are sought, the refused items do not proceed to registration, while the preliminary approved portion still proceeds to announcement and certification according to procedure.
Multi-Class versus Separate Applications
- Multi-class application: one document, one number, one fee payment, centralized management, and a unified filing date; the trade-off is that subsequent procedures are linked for the whole registration, with less flexibility;
- Separate applications: each is independent and can be separately assigned, renewed, or abandoned, and a problem in one class does not drag down the others; the trade-off is higher costs in documents, fees, and process management.
For brands with ample budget, concentrated classes, and the intention to hold the portfolio as a whole long-term, multi-class is more convenient; where the commercial arrangements differ by class (for example, intending to license or assign one class separately) or phased advancement is planned, separate applications are more flexible.
Practical Points
- Search class by class for all designated classes before filing; where obstacles in a class are obvious, consider adjusting the items in that class or excluding it from this filing;
- Multi-class does not mean "the more classes applied for, the better": classes that are not actually used face the same risk of non-use cancellation for three consecutive years;
- Core classes and associated classes can be applied for at once, while defensive classes can be added in batches as operations require.
The application of these concepts in practice varies in detail; before proceeding, you may consult a registered agent via MyTMBee for targeted analysis.