An entrepreneur filing for a trademark protection in China faces the challenge of selecting the right goods and services for protection. There are two aspects to this task that need to be considered.
The first is to compile a list of products or product categories that are in the current portfolio. In addition, if the company is planning to introduce new products under a particular brand, it is worth considering whether these should also be included in the application. This task is relatively straightforward if both current and future products are in the same category – for example, cosmetics or dietary supplements. It is much more difficult to predict when a company will need to start selling, for example, fashion accessories (which could be an interesting complement to a cosmetics range) or sportswear (a natural extension for sports supplements).
Drawing up a list of products or services to apply for is the task of the representative filing the application on your behalf. In Europe, we use a single list of goods and services, organised and written under an agreement commonly known as the Nice Classification.
China also acceded to the Nice Classification. This happened in 1980, which means that they also adopted the division of products and services into 45 classes (1-34 for products, 35-45 for services). In addition, China has subdivided products and services into so-called sub-classes, which do not affect the general division according to the Nice Classification.
When selecting products and services for registration in China, it is important to remember that a trademark that has not been used for at least three years may be cancelled for non-use. Therefore, if you plan to introduce new products and services in the next three years, it is worth including them in your application. Otherwise, you risk losing your trademark.
It is also worth consulting your local patent attorney to ensure that all goods and services are correctly filed in accordance with Chinese regulations. By filing non-standard products for protection, you run the risk of having to update your application, additional costs and longer processing times.