When applying for trademark application, the applicant must confirm the specific goods or services for which the trademark is designated. Can the applicant freely fill in the goods or services in the application form? Or is there a need to follow certain rules for filling out the application? This article will briefly introduce how to correctly select and fill in the designated goods and services for trademark application.

    Article 22 of the Trademark Law stipulates that "the applicant for trademark application shall fill in the classes and names of goods for which the trademark is used in accordance with the prescribed classification table and file an application."

    When we say goods or services, we usually refer to the "International Classification of Goods and Services for the Purposes of the Registration of Marks" (the Nice Classification) provided by the World Intellectual Property Organization (WIPO) and the "Chinese Classification of Similar Goods and Services" tailored to China's national conditions based on the Nice Classification. The "Chinese Classification of Similar Goods and Services" categorizes goods and services into 45 classes, with classes 1-34 for goods and classes 35-45 for services.

    When applying for trademark application, the applicant must specify the specific names of goods and services. The applicant can base the application on the goods or services they operate or sell, but often the names of goods or services provided by the applicant are not accurate, specific, or standardized enough to be properly classified. This can lead to an unclear definition of the scope of protection for the trademark. For example, the commonly used term "household appliances" covers a wide range of products that fall into multiple classes in the "Chinese Classification of Similar Goods and Services", such as kitchen household utensils and washing machines in Class 7, personal grooming devices and non-powered hand tools in Class 8, communication and navigation equipment in Class 9, household cooking and heating appliances in Class 11, dental and insect repellent products in Class 21. Without specifying the exact items, it is not possible to accurately determine the scope of protection for the trademark, which does not meet the requirements for specifying goods in the trademark registration application. Therefore, using standardized descriptions of goods and services from the "Chinese Classification of Similar Goods and Services" or following it as a guide allows the applicant to more accurately and quickly determine the description of goods or services, thus speeding up the trademark registration process and ensuring that the applicant promptly obtains exclusive rights to the trademark.

    Of course, the "Chinese Classification of Similar Goods and Services" may not completely cover all goods and services. When the applicant cannot find a standard description in the list, they should first identify the core of the goods or services and then find the most similar item in the list to substitute. If the most similar item cannot be found, the applicant should consider choosing multiple standard goods and services  to better and more comprehensively cover their specific goods or services. In addition, the China Trademark Office will appropriately relax the examination of non-standard items that add descriptions and specific functional limitations on standard goods. The "Chinese Classification of Similar Goods and Services" will also be revised in accordance with changes to the Nice Classification. It is important to note that the "Chinese Classification of Similar Goods and Services" does not become a "shackle" for trademark applicants to select designated goods and services, but rather serves as a very instructive tool.

    Many foreign applicants often question the standard items in the "Chinese Classification of Similar Goods and Services," as some standard items may be too specific or broad and may not accurately describe their desires. Another situation is that some  goods or services with specific limitation are acceptable in other countries, while they are not acceptable in China. So, how can we retain these goods or services in China?

    If it is necessary to retain the exact same descriptions of goods or services, the applicant can register the trademark through the Madrid International Registration designating into China. The CNIPA adopts a more lenient examination regarding the goods and services of marks designated for China through the Madrid International Registration. However, this "lenient" policy is not without restrictions, as these goods or services should not be overly broad, i.e., they should not exceed the scope of goods or services in the category, and should not involve prohibited or unacceptable goods and services. Prohibited and unacceptable goods and services include:

 1. Goods and services that contradict the socialist system of China, such as political lobbying, party struggles, etc.

 2. Goods and services that violate Chinese laws and regulations, such as drugs, opium, arms trafficking, pornographic services, illegal fundraising, money laundering, gambling, and betting, etc.

 3. Other special items that are not accepted, such as cryptocurrency or virtual currency services, wholesale and retail services in Class 35 except for medicines and veterinary services, etc.

    It is hoped that the above content will provide some assistance to trademark applicants in their trademark registration applications and help them quickly obtain successful trademark registration.