A similar group is the intermediate level the Classification of Similar Goods and Services sets below the "class": class—similar group—goods or service item. The Classification assigns each similar group a four-digit code, the first two digits indicating the class and the last two the group number within that class—for example, "2501" means the first similar group of class 25. It is the basic unit for searching and judging similar relationships.
Codes and Structure
- Classes: 45 in total, expressed with Chinese ordinal numbers (class 1 to class 45);
- Similar groups: four-digit codes, the first two digits being the class number and the last two the group number;
- Goods or service items: six-digit codes, the first two digits being the class number and the last four the item sequence number; no asterisk follows the name, and only the item name is declared in actual applications.
The "contents" part of the Classification lists the headings of the classes, the numbers and names of the similar groups for retrieval. When filing, the names of specific goods or service items must be stated—neither class headings nor similar-group names may be declared.
Similar Groups and the Similarity Assessment
Goods or services within the same similar group are in principle found similar. But this is only a principle:
- A similar group may be subdivided into several parts, and the Classification notes "goods in different parts of this similar group are not similar to one another";
- Goods in different similar groups may also be similar, with the Classification indicating in notes after groups the similar objects that should be cross-searched.
In other words, the similar group provides a starting point, not an endpoint.
The Practical Significance of Cross-Class Cross-Searching
The cross-searching rules extend the scope of similarity beyond a single class. Cross-searching occurs between different similar groups within the same class and between similar groups of different classes; the Classification notes in many places that "this similar group is similar to such-and-such similar group and should be cross-searched." This rule directly affects two things:
- Searching: when searching for similar trademarks, you cannot search only the class and similar group you plan to register in—the related classes must all be searched following the guidance of the "notes";
- Declaration: when selecting classes, judge whether the related similar groups need to be covered together; otherwise a risk gap may be left on goods already approved for others.
At the same time, keep the two levels of "similar group" and "class" distinct: different similar groups within the same class may be mutually dissimilar, while similar groups of different classes may be similar. Neither a per-class one-size-fits-all approach nor a conclusion based solely on the similar-group code will do.
Practical Points and Common Pitfalls
- Use similar groups to narrow the search: trademark similarity searching supports filtering by international classification and similar group; first use the similar group to locate the most relevant group, then expand across groups according to the "notes";
- Codes are not the scope of protection: the similar-group code is only for locating goods; the boundary of registration is the approved trademark and the designated goods (Article 56 of the Trademark Law);
- The final standard remains the general perception of the relevant public: the Classification and its similar-group divisions are the principal reference, not the final conclusion;
- Pitfall one: believing that "not in the same similar group" necessarily means "not similar";
- Pitfall two: believing that "in the same similar group" necessarily means "similar." Both simplifications can be overturned in refusal review, opposition, or infringement cases.
How these concepts apply in specific cases still involves detailed differences; you may consult a registered agent via MyTMBee for case-specific analysis.