Many foreign clients, when instructing a Chinese trademark application, provide an English Nice Classification list and expect us to “fill it in as is.” But the application actually filed with the China National Intellectual Property Administration (CNIPA) often differs from the client’s English list. This is not an operational error. It is because China, while adopting the framework of the Nice Classification, has established its own localized standard for distinguishing goods and services in practice. Understanding this is essential for any foreign trademark strategy in China.
1. Nice Classification Is a Framework, Not the Final Standard
The Nice Classification is developed by the World Intellectual Property Organization (WIPO) and divides goods and services into 45 classes. China is a member of the Nice Union and does use this system. However, CNIPA has built on the Nice framework by issuing the *Similar Goods and Services Differentiation Table*, which serves as the legal basis for trademark examination and filing in China. This Table makes substantial local adjustments to the descriptions, groupings, and boundaries of goods and services, and does not fully correspond one-to-one with the original Nice text.
2. Why You Cannot Simply Copy an English List
The most direct issue is that CNIPA requires the goods and services in an application to use the standard wording from the *Differentiation Table*. If you directly translate or copy item names from the English Nice Classification, the application may be rejected or require correction for non-standard wording.
For example, certain descriptions that are common in international classification may not be accepted in China and must be converted into local standard names. The boundaries of certain service items have also been redrawn in China. This is not a translation issue — it is an examination standard issue.
3. Same Class Number, Different Scope of Protection
More critically, even if the class number is the same, the actual scope of protection for goods and services in China may differ from international practice. Chinese trademark examination relies on the specific groups within the *Differentiation Tableto determine whether goods or services are similar. This means that two items falling under the same Nice class may be placed in different protection units in China, allowing different parties to register the same mark separately.
If an applicant only designs its layout based on Nice class numbers without checking the specific items in the Differentiation Table, it may end up with “the right class, but insufficient coverage.” Core goods or services may fall outside the actual scope of examination, and even a successful registration may fail to effectively stop others from using a similar mark on related items.
4. The Correct Approach to Foreign Trademark Strategy
In foreign trademark strategy, one cannot simply rely on Nice Classification class numbers. The goods and services must be precisely selected according to China’s *Differentiation Table*. Specifically:
First, use the standard wording of the *Differentiation Tableand verify each goods and services description item by item, ensuring the application meets Chinese examination requirements.
Second, beyond the core classes, cover related items closely tied to the main business, to avoid leaving protection gaps caused by grouping differences.
Third, if the client’s English list differs from the *Differentiation Table*, explain the reason to the client rather than mechanically copying it. The value of a professional agency lies precisely in translating the intent of the international classification into an application that meets Chinese examination standards.
Trademark registration in China is not a simple translation of the Nice Classification. It is a localized legal adaptation. Only by precisely selecting items under the Differentiation Table can a trademark obtain genuinely effective protection in China. For more information, please check our previous post: Filing a Trademark Application in China
