China, like the majority of other countries, adheres to the Nice classification system. However, China distinguishes itself by subdividing each class into sub-classes. Consequently, even if you have registered your trademark in a specific class, it is possible for a similar or identical trademark to be registered in the same class but under different sub-classes. This is not typically feasible in most other countries, as products or services within a single class are usually closely related, resulting in office actions or grounds for third-party oppositions. Given China's sub-class system, it is advisable to broaden the description of goods or services associated with your trademark, if necessary, in order to register and encompass all sub-classes that encompass similar or related goods or services within the same class. For instance, if your business deals with clothing in general, products such as sweaters, baby pants, bathing suits, sandals, and mittens would all fall under class 25. In most countries, a general description of goods would adequately protect the trademark for all products within this class.
However, in China, these products are classified into different sub-classes under class 25: - Sweaters correspond to subclass 01 under class 25. - Baby Pants correspond to subclass 02 under class 25. - Bathing suits correspond to subclass 03 under class 25. - Sandals correspond to subclass 07 under class 25. - Mittens correspond to subclass 10 under class 25.
Therefore, when preparing a description of goods or services for your trademark in China, it is highly recommended that you instruct your local agent to register your trademark under all or as many sub-classes as possible that are relevant to your trademark's description of goods and/or services.