The Nice Classification, in full the International Classification of Goods and Services for the Purposes of the Registration of Marks, originates in the Nice Agreement Concerning the International Classification of Goods and Services Applied for Registration of Marks, signed in Nice, France in 1957 and effective in 1961. It is maintained and periodically revised by the World Intellectual Property Organization (WIPO) and divides all goods and services into 45 classes—the common language of trademark affairs worldwide. China is a member of the Nice Agreement, and trademark applications, examination, and publication in China all take this classification as the framework.
The Structure of the 45 Classes
Classes 1 through 34 cover goods, and classes 35 through 45 cover services—34 classes of goods and 11 classes of services in total.
- Each class has a general class heading pointing to the broad scope it covers;
- Below the class are specific goods or service items, declared by their standard names;
- The Nice Classification itself contains only class headings and an alphabetical list of items, each with a basic number; it does not have a level of "similar groups."
Class selection cannot rely on headings alone. Computer hardware is in class 9, while the design and development of computer software is in class 42; clothing is in class 25, while retail services for clothing (promoting the goods of others, etc.) are in class 35. Headings that are identical or similar may fall into entirely different classes.
The Legal Status of the Classification of Similar Goods and Services
CNIPA compiles the Classification of Similar Goods and Services on the basis of the Nice Classification, serving as the direct basis for domestic declarations and examination. Its status needs to be kept clear:
- The Classification is a normative document at the level of a search and examination tool; it is not law. Article 22 of the Trademark Law requires applicants to "declare the class and names of goods according to the prescribed classification of goods";
- The Classification divides the items of the Nice Classification into three levels—class—similar group (four-digit code)—goods or service item (six-digit code)—and adds notes on similar relationships;
- The Classification cannot exhaust all similar relationships; whether goods are similar must still be judged comprehensively according to the general perception of the relevant public.
China-Specific Arrangements
Compared with the WIPO version of the international classification, the Chinese Classification has several distinctive features:
- Similar groups and cross-search rules: the international classification has no concept of similar groups; the four-digit similar-group codes and their "notes" are an arrangement unique to the Chinese Classification;
- China-specific items: goods and services commonly used in China but not listed in the international classification are marked with a "※" section in the Classification, with the letter "C" added before the item number to distinguish them from items originating from the international classification;
- Version synchronization: WIPO periodically adjusts the international classification and issues new editions, and the Classification is revised accordingly; individual items may migrate between classes.
Practical Points
- File according to the latest edition of the Classification; do not use outdated item names—after an item migrates, it may fall into someone else's similar group;
- A multi-class application can cover multiple classes in one filing, but class selection still requires item-by-item verification;
- Select classes to cover existing business and foreseeable business expansion over the next three to five years, adding defensive classes such as sales services (class 35) as needed;
- Common pitfall: treating the class heading as the scope of protection and believing that registering one class covers all related goods. The heading is only a summary; the scope of protection is determined by the items actually approved.
How these concepts apply in specific cases still involves detailed differences; you may consult a registered agent via MyTMBee for case-specific analysis.