Foreign brand owners can file trade mark applications in China
as national applications or International Registrations
(IRs) under the Madrid Protocol. There are pros
and cons to each route and brand owners may find it difficult to
make a decision on the filing approach. There are no easy answers
to this subject but specification coverage is always one of the key
considerations as specification defines the scope of protection of
a trade mark registration. A better understanding of the unique
classification of goods and services and examination practices in
China will undoubtedly assist brand owners in making more
comprehensive decisions.
Sub-class system in China
China adopted the Nice Classification of Goods and Services
("Nice Classification") (currently, 11th
edition, Version 2020) which is an international system for
categorising goods and services into appropriate classes. The China
National Intellectual Property Administration
(CNIPA) also developed its own