The Classification of Similar Goods and Services is a classification reference for goods and services compiled by the China National Intellectual Property Administration on the basis of the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification), adapted to Chinese practice. It divides goods and services into 45 classes and is the basic authority for designating goods items in an application, for judging similarity of goods in examination, and for defining the search scope before filing.
Structure of the Classification
The Classification is divided into 45 classes: Classes 1 to 34 cover goods, and Classes 35 to 45 cover services. Under each class sit several similar groups, and within each group the specific names of goods or service items are listed. The class heading states the common features of the goods in that class, while the notes explain the class boundaries and cross-class similarity relationships.
Its Role in an Application
A trademark registration application must list goods or service items in accordance with the Classification; one application is limited to one class, and a separate application is required for each additional class. Standard names from the Classification should be used when filling in the form; non-standard names may trigger a correction request. A single application may select multiple goods items within its class, and the official fee is charged on a tiered basis according to the number of items.
The Significance of Similar Groups
Goods within the same similar group are in principle found to be similar goods—this is the yardstick most commonly used in examination for judging similarity of goods. Goods in different similar groups are in principle not similar, but there are numerous exceptions: cross-group and cross-class similarity relationships expressly cross-referenced in the notes take precedence.
The Cross-Class Cross-Reference Mechanism
The Classification's notes contain a large number of statements such as "this similar group is similar to item XXXX in Class X" and "the various parts are not similar to one another." These cross-reference relationships directly determine the scope of a cross-class search. For example, where a note for a group of goods states that it is similar to goods in another class, a prior trademark may pose an obstacle even though it is registered in that other class.
Limitations of the Classification
The Classification is a reference for judging similarity of goods, not the sole standard. In individual cases, factors such as the goods' function, use, production sector, sales channels, and consumer base are still considered comprehensively; the actual likelihood of confusion in the market may break through the Classification's categories. The Classification is also updated periodically in step with editions of the Nice Classification and examination practice, and the addition of new goods and the adjustment of groups are common.
How to Use It in Practice
Step one, locate the class for your main business; step two, list the relevant similar groups in that class together with all cross-referenced related groups; step three, use those groups as the scope for a prior-trademark search; step four, when filling in the application, take account of both core goods and related goods to form a reasonable protective radius. If you are unsure about the class, it is advisable to commission an agency or obtain a professional assessment for confirmation.
How the above concepts apply in a specific case still varies in detail; you can consult a record-filed agent on MyTMBee for an analysis opinion tailored to your case.