Understanding and Navigating China’s Unique Trademark Subclass System
Dr. Jan Erik Christensen
China Market Legal Expert, Legal Advisor China, Contracts China, IP Trademark Patent China - World, Background Investigation\ Legal Compliance\ Verificaton Contracts China, Nordic China Business Hub - LC Chinese School
China’s trademark classification system is widely regarded as one of the most comprehensive and complex in the world. While it is based on the internationally recognized Nice Classification System, China’s system introduces an additional layer of complexity: subclasses, which subdivide the 45 main classes into hundreds of narrower categories. This structure ensures a high level of specificity but also presents significant challenges, particularly for foreign businesses unfamiliar with the system.
One of the most critical aspects of China’s trademark system is that you cannot simply protect an entire trademark class. Each class contains numerous subclasses, and businesses must strategically select the relevant subclasses for registration. Attempting to protect an entire category is not only impractical but also prohibitively expensive. The result is that companies must navigate the system carefully to avoid leaving gaps in their trademark protection.
The Structure of China’s Trademark System
China divides trademarks into 45 primary classes, including 34 goods classes and 11 services classes. Each class is further divided into subclasses, which define specific types of goods or services. Unlike many other jurisdictions, where registration in a main class may provide broad coverage, China’s system grants protection only in the specific subclasses where a trademark is registered.
Examples of Main Classes and Subclasses
The number of subclasses within a single class can range from a handful to dozens, making it impossible to register a trademark in every subclass of a given class. For example, Class 9 alone has over 40 subclasses, ranging from software and hardware to peripheral devices and batteries. Companies must prioritize and choose the subclasses that are most relevant to their products or services.
Challenges of the Subclass System
1. You Must Choose Subclasses
China’s system requires businesses to register trademarks in specific subclasses. Since it is impractical to protect an entire category due to the sheer number of subclasses, companies must carefully analyze their business scope and determine which subclasses are essential. This decision-making process is not straightforward, as it requires understanding both the market and the legal nuances of each subclass.
For example, in Class 25 (Clothing, Shoes, and Hats):
Failing to register in all relevant subclasses can leave critical gaps in protection, which competitors or squatters may exploit.
2. The Language Barrier
The entire trademark classification system is in Chinese, with each subclass description written in Chinese characters. While translations exist, they often fail to convey the nuances of the original text. For instance:
3. Closely Related Subclasses
Many subclasses within the same class are closely related or overlap, making it difficult to determine the appropriate categories for registration.
Examples:
A company producing multipurpose machinery might need to register in multiple subclasses to ensure full protection.
A tech company might mistakenly believe registering under "computers" (0901) protects accessories like printers or batteries, but it does not.
4. Subclass-Specific Enforcement
Trademark enforcement in China is subclass-specific. If a trademark infringement occurs in a subclass where the original trademark is not registered, courts are unlikely to rule in favor of the complainant.
Advantages of Protecting a Trademark Directly in China
Protecting a trademark directly in China provides several key advantages that international registrations or global brand recognition alone cannot offer.
1. First-to-File Principle
China operates on a first-to-file system, meaning that the first party to register a trademark gains exclusive rights. Direct registration ensures that you secure your trademark quickly and avoid losing it to competitors or bad-faith registrants (trademark squatters).
2. Precision in Subclass Coverage
China’s unique subclass system requires careful selection to ensure comprehensive coverage. Direct registration allows businesses to specifically target relevant subclasses, providing stronger and more tailored protection than international systems, which may not align with China’s detailed subclassification.
3. Prevention of Trademark Squatting
China is known for trademark squatting, where individuals or companies register well-known foreign brands in bad faith. Direct registration in relevant subclasses helps prevent this and safeguards your brand from unauthorized use.
4. Accurate Localization
Direct registration allows companies to control the translation and classification of their trademark in Chinese. This ensures the brand is accurately represented, with appropriate linguistic and cultural considerations, and receives protection that aligns with its intended use.
5. Faster Enforceability
National registrations in China can become enforceable in as little as 7 months, compared to the 12-18 months required for international registrations under the Madrid System. This faster timeline enables quicker action against potential infringements.
6. Facilitation of Local Business Operations
A Chinese trademark registration certificate is often essential for conducting business locally, whether opening physical stores, selling through Chinese e-commerce platforms, or working with local distributors.
7. Enhanced Customs Protection
Registering directly with Chinese customs authorities enables them to monitor and intercept counterfeit goods bearing your trademark, both entering and leaving China.
8. Alignment with Chinese Trademark Standards
China’s trademark examination process includes specific requirements and criteria that may not align with international systems, particularly for non-traditional trademarks such as shapes, sounds, or holograms. Direct registration ensures compliance with these standards.
Conclusion
China’s trademark subclass system offers precision and flexibility but requires careful navigation. With hundreds of subclasses in each category, it is impractical—and financially unfeasible—to register in all of them. Instead, companies must strategically choose the most relevant subclasses to protect their intellectual property.
By registering directly in China, businesses gain critical advantages, such as faster enforceability, prevention of squatting, precise subclass protection, and alignment with local regulations. Engaging local trademark professionals ensures accurate subclass selection and comprehensive protection. For companies aiming to thrive in the Chinese market, mastering this unique system is essential for safeguarding their brand and achieving long-term success.
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FAQ: Understanding and Navigating China’s Trademark Subclass System
1. What is a trademark subclass in China?
A trademark subclass is a specific category within one of the 45 main trademark classes in China. While the Nice Classification System groups goods and services into broad classes, China subdivides each class into detailed subclasses, each representing a distinct type of product or service.
For example, Class 25: Clothing (服装鞋帽, fúzhuāng xié mào) includes:
2. Why is the subclass system unique to China?
China’s subclass system is unique because it requires trademarks to be registered in specific subclasses. Protection applies only to the subclasses where a trademark is registered, unlike many other jurisdictions where registering in a main class can offer broader protection.
3. Why can’t I protect an entire trademark class in China?
Each trademark class can have dozens of subclasses. Registering in every subclass within a single class would be logistically overwhelming and prohibitively expensive. For example, Class 9: Scientific Instruments (科学仪器, kēxué yíqì) has over 40 subclasses, including:
Businesses must prioritize and strategically select relevant subclasses for registration based on their products or services.
4. How does the first-to-file system affect trademarks in China?
China operates on a first-to-file principle, meaning that the first person or entity to file for a trademark in a specific subclass gets priority. This makes it critical to register trademarks early to prevent others—such as trademark squatters—from claiming your brand.
5. What happens if I don’t register in the right subclasses?
If you fail to register in relevant subclasses, competitors or trademark squatters may register similar trademarks in unprotected categories. This can lead to:
6. Can you give examples of closely related subclasses?
Many subclasses have overlapping meanings, making it difficult to determine where to register. Examples include:
If you register only under "batteries" (0906), your trademark will not be protected for "chargers" (0907), even though they are closely related.
7. How is a trademark enforced in China’s subclass system?
Enforcement is subclass-specific. If infringement occurs in a subclass where your trademark is not registered, the courts may not rule in your favor. This makes comprehensive subclass registration critical.
8. What are the advantages of registering a trademark directly in China?
First-to-file priority: Direct registration ensures you secure your rights quickly under China’s first-to-file system.
Precise subclass coverage: Direct filing allows for targeted subclass selection, ensuring stronger protection tailored to your business needs.
Prevention of trademark squatting: Early registration helps prevent others from registering your trademark in bad faith.
Accurate localization: You can control the Chinese translation and classification of your trademark, ensuring accuracy and cultural alignment.
Faster enforceability: Direct registrations in China can be enforceable in as little as 7 months, compared to 12-18 months for international filings under the Madrid System.
Facilitation of local business: A Chinese trademark certificate is essential for conducting business locally, such as selling on e-commerce platforms or working with distributors.
Improved customs protection: Direct registration enables Chinese customs to monitor and block counterfeit products using your trademark.
Compliance with Chinese regulations: Direct registration ensures your trademark meets China’s specific examination criteria, especially for non-traditional trademarks.
9. How does the Madrid System compare to direct registration in China?
The Madrid System allows for international trademark registration, including China. However, it may not address the nuances of China’s subclass system, and processing times are longer. Direct registration provides faster enforceability, better subclass coverage, and improved alignment with local requirements.
10. Can I oppose someone registering a similar trademark?
Yes. If someone registers a conflicting trademark, you can file an opposition within the allowed timeframe. Early monitoring and timely action are critical to prevent unauthorized use.
11. How do I choose the right subclasses?
12. What should I do if someone infringes on my trademark?
If you suspect infringement:
13. How much does it cost to register a trademark in China?
Costs vary depending on the number of subclasses chosen. Each subclass requires a separate filing fee. While registering in all subclasses of a class is expensive, strategic selection can optimize protection without unnecessary expenses.
14. Is trademark registration in China mandatory for doing business there?
While not mandatory, trademark registration in China is highly recommended. Without registration, your brand is vulnerable to unauthorized use or registration by others, and you may face challenges in enforcing your rights.
China’s trademark subclass system is intricate but manageable with the right strategy and professional support. By understanding the system, registering strategically, and working with local experts, you can secure your brand and thrive in the Chinese market.
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