Accompagnement stratégique et juridique pour la protection de vos marques en Chine. Équipe franco-chinoise basée à Shanghai.

Wrong class, ineffective protection: the importance of proper legal positioning

class choice in trade mark registration

In Chinese trademark law, the Nice Classification applies, but the CNIPA imposes specific rules: sub-classes have independent legal value. In other words, registering under class 33 (wines) without including the relevant sub-classes may leave your trademark unprotected.

Let’s take a concrete case: a French spirits company registered its trademark under class 33, but did not include the sub-class covering liqueurs. The result? A Chinese competitor was able to register a nearly identical name in that sub-category and use it legally.

Case law shows that Chinese courts strictly apply these distinctions. Failing to register in the correct sub-classes leaves the company with no legal recourse.

This excessive granularity, specific to the Chinese system, requires a thorough analysis of the company’s business scope at the time of filing. It’s not enough to aim “broad”: you must aim precisely. A trademark filed under the wrong sub-class may lose all legal value in case of a dispute.

Another common mistake: omitting certain “related” classes. For example, a clothing company registering only under class 25 (apparel) might overlook class 35 (retail services), thereby exposing its trademark to unauthorized commercial use.

🎯 Our legal experts help you verify the validity of your current trademark classes..


Leave a comment

Your email address will not be published. Required fields are marked *