How to identify goods/services items for your application?

Borsam IP
Borsam IP

Before you start to identify the description for your trademark application, I suggest you read my article “What are goods/services items” to have a picture of what they are and what is the difference for the Chinese classification. It decides the protection of the trademark application.
Well, I think you may know there are 45 classes and there are hundreds of items in most of the classes after reading the article above. Although CNIPA also accepts created descriptions of goods and services, we don’t recommend to use such a description if your products are unique and creative.
Then we can start to find proper goods and services for your application.
1. Start with the industry
The Nice classification, as well as the Chinese classification table, include 45 classes for different industry, for example,
Class 1 includes mainly chemical products for use in industry, science and agriculture, including those which go to the making of products belonging to other classes.
Class 2 includes mainly paints, colorants and preparations used for protection against corrosion.
Class 45 includes mainly legal services, security services for the physical protection of tangible property and individuals, personal and social services rendered by others to meet the needs of individuals.
You may click here to see the brief introduction of each class to find the right industry for your products/services.
2. Using the online search tools on WIPO or CNIPA
If you are familiar with Chinese, you may use the goods/service database in CNIPA, and it includes all items available for online application. When you input a keyword of your product, it will list all the goods/services items with this keyword. You may also use the Nice classification for a search if you know English or French.
3. Maximize the protection of your trademark
Although there are 45 Classes for different industries, it is impossible to cover an industry only by one class. Except for the core products under this trademark, you should also consider about others in a different class but with the same sales channel, customs and market. For example, the nourishment, the core class for such product is Class 5, but as it is also sold in the supermarket with food and/or drinks, you should also consider to include Class 29, 30 and maybe also 32 and 33.
4. Extend the protection to more classes for your trademark
It may be a bit far away from your current business plan, especially for the individual and small company. They don’t know what would they turn for in the next one or five years. But if you’ve already known where is the interest, don’t wait until you finalize the plan to file a new application for your trademark in other classes for your future business. The significant explosive growth of Chinese trademark application since 2017, it will be more challenging to get a Chinese trademark because of more existed trademarks might be cited in the examination, and also, the hijackers.
Different from the United States, it is not obligate to file use evidence when you are applying for the trademark. Hence, more and more holders prefer to submit applications in 45 classes even if their business does not go so far, that is effective to prevent subsequent same/similar trademark applications of their trademarks.