How Nice Classification Works for China Trademark Searches
| Key Fact | Detail |
|---|---|
| Nice Classification structure | 45 classes total — goods in Classes 1–34, services in Classes 35–45 |
| Current edition | 13th edition, 2026 text (NCL 13-2026), effective January 1, 2026, per WIPO |
| China’s classification tool | CNIPA’s Sub-Classification Table, built on Nice Classification plus China-specific similarity groups |
Foreign businesses filing trademarks in China often assume a quick class lookup is enough. It is not. China’s trademark system layers its own domestic requirements on top of the international Nice Classification framework, and the two do not always align neatly. Understanding how they connect is the first step toward a thorough trademark search and a filing strategy that actually holds up.
This guide breaks down what Nice Classification is, how it interacts with China’s own classification tools, what changed under the 2026 update, and how to search and select classes correctly — so your brand protection strategy is built on solid ground rather than guesswork.
What Is Nice Classification?
Origins and the Nice Agreement
Nice Classification is the international system used to group goods and services in trademark applications. It takes its name from the city of Nice, France, where the founding agreement was signed on June 15, 1957. Since then, the system has been maintained and updated by the World Intellectual Property Organization (WIPO), the United Nations agency responsible for coordinating global IP standards.
The 45-Class Structure
Nice Classification divides all commercial goods and services into 45 classes. Classes 1 through 34 cover goods — everything from industrial chemicals to clothing to food products. Classes 35 through 45 cover services, including advertising, financial services, education, and legal services.[3] More than 150 countries and jurisdictions now use this framework, which means a business expanding internationally encounters largely the same class numbers whether it is filing in the United States, the European Union, or China.
Why the System Gets Updated
WIPO releases a new edition of Nice Classification roughly every three to five years, with smaller annual updates in between. This keeps the system current with new technology, new industries, and shifting consumer habits. The current version is the 13th edition, 2026 text, officially abbreviated NCL (13-2026), which took effect on January 1, 2026 across all classes.[1]
Legal Reference — Nice Agreement, Article 1: Establishes a Special Union among member countries and adopts a common international classification for the registration of trademarks.
Legal Reference — Nice Agreement, Article 2: The legal scope and application of the classification is left to each member country’s own domestic law and practice.
That second article matters more than it might first appear. It explains why China does not simply copy Nice Classification wholesale — it builds its own domestic tool on top of it, which is the subject of the next section.
Why Nice Classification Alone Isn’t Enough for China Searches
How CNIPA’s Sub-Classification Table Builds on Nice Classification
China adopted the goods portion of Nice Classification in 1988 and has used it ever since as the foundation for domestic trademark practice. But the China National Intellectual Property Administration (CNIPA) does not stop at the 45 international classes. It has built the Sub-Classification Table for Similar Goods and Services (类似商品和服务区分表, often called the “Sub-Classification Table”), which layers additional structure on top of the Nice framework in three ways.
First, it keeps the same 45-class backbone as Nice Classification. Second, it adds Chinese-market-specific goods and services names that reflect local commercial practice. Third, and most importantly for search purposes, it organizes each class into similarity groups — clusters of goods or services considered closely related enough that confusion between brands is likely.
Similarity Groups: Why Searching at Class Level Misses Conflicts
This is where many foreign applicants run into trouble. Searching only at the 45-class level is not enough in China. Each class contains multiple similarity groups, and a conflict search that stops at the class heading can miss existing marks that sit in a different group but would still block registration — or miss the fact that your own filing needs to reach into an adjacent group to be fully protected. A meaningful CNIPA trademark search has to go down to the similarity-group and specific-item level to be reliable.
The Legal Basis for Class-Limited Protection
Legal Reference — PRC Trademark Law, Article 56: The exclusive right to use a registered trademark is limited to the trademark as approved for registration and the goods approved for its use.
In practice, this article is why classification precision is not a technicality — it defines the actual legal boundary of your brand’s protection in China. CNIPA’s own examination guidance further confirms that applicants must classify goods and services according to whichever version of Nice Classification and the Sub-Classification Table is in force on the date the application is filed, not an earlier or later version.
The 2026 Update — Nice Classification 13th Edition (2026 Text)
Effective Date and Transition Rules
WIPO’s 13th edition of Nice Classification, version 2026 (NCL 13-2026), became effective on January 1, 2026, and introduced changes across all 45 classes of goods and services.[1] The new edition applies to any new trademark application filed in a signatory jurisdiction, including China, on or after that date.[2] For international applications routed through WIPO, the same cutoff applies: any application received by WIPO on or after January 1, 2026 — or received after the two-month window described in Article 3(4) of the Madrid Protocol — falls under the new edition.[7]
Legal Reference — Madrid Protocol, Article 3(4): Governs the time limit within which the International Bureau must receive an international application from the office of origin for it to retain the original filing date.
No Retroactive Reclassification of Existing Registrations
Applicants with existing China trademarks do not need to take any action because of the 2026 update. WIPO has confirmed that existing international registrations with a date earlier than January 1, 2026 will not be reclassified.[7] The same non-retroactive principle applies to CNIPA’s domestic filings: applications and registrations filed before the cutoff continue to be examined and enforced under the classification version that was in force when they were filed.
Why the Transition Still Matters for Search Strategy
Even though older registrations are untouched, the transition creates a practical complication for anyone conducting a trademark database search today: identical goods can now sit in two different classes depending on when the underlying mark was filed. A pre-2026 contact lens trademark may still be classified in Class 9, while an identical new filing is examined under Class 10. Search strategies built only around the current class numbering risk missing older, still-valid marks filed under the previous structure. This is a key reason clearance searches should be run across both the pre-2026 and NCL 13-2026 class assignments for any goods affected by the migration.
Key Changes Foreign Applicants Should Know
Cross-Class Migrations
The most consequential changes in NCL 13-2026 involve goods moving from one class to another based on function and intended use rather than material or general category. The table below summarizes the migrations most relevant to consumer and industrial brand owners.
| Goods/Service | Previous Class | New Class (2026) | Reason |
|---|---|---|---|
| Corrective glasses, contact lenses, sunglasses | Class 9 | Class 10 | Reclassified for medical/therapeutic function |
| Smart glasses, VR headsets | Class 9 | Class 9 (unchanged) | Retained due to electronic/computing nature |
| Heated apparel (heated clothing, socks, gloves) | Class 11 | Class 25 | Grouped with conventional clothing and footwear |
| Emergency and rescue vehicles | Class 9 | Class 12 | Aligned with the general vehicle category |
Independent legal trackers confirm the same eyewear and emergency-vehicle migrations, describing them as some of the most practically significant changes for brand owners with existing eyewear or automotive-adjacent portfolios.[6][8]
Essential Oils Reclassified by Use
Essential oils previously sat almost entirely in Class 3. Under NCL 13-2026, classification now depends on how the product is actually used: essential oils for cosmetic use remain in Class 3, aromatherapy-use oils and preparations shift to Class 5, oils used as raw materials in manufacturing fall under Class 1, and oils used as food flavoring sit in Class 30.[3] A single essential-oil brand selling across multiple use cases may now need to search and file across four classes instead of one.
New Economy Categories
The 2026 edition also recognizes categories that did not clearly exist in earlier editions, including artificial intelligence provided as a service (AIaaS) in Class 42 and select modern lifestyle and entertainment services.[3] This reflects a broader pattern in each Nice Classification update: the system evolves to keep pace with digital business models, not just physical goods.
What This Means for Existing Portfolios
Brand owners with pre-2026 filings in the affected categories should treat this as a portfolio review trigger rather than an emergency. Existing registrations remain valid and enforceable exactly as filed. The practical task is updating trademark monitoring and watch searches to capture both the old and new class assignments, so that new third-party filings in either class are flagged before they create a conflict.
How to Search and Select the Right Class(es)
Step 1: Identify the Core Class
Start with the class that matches the primary business activity. Goods fall somewhere in Classes 1 through 34; services fall in Classes 35 through 45. A skincare brand looks first to Class 3. A software company looks first to Class 9 or Class 42, depending on whether the product is packaged software or a cloud-based service. Getting this core class right is the foundation the rest of the search builds on.
Step 2: Cover Related and Adjacent Classes
Very few businesses operate in a single class. A company selling products online typically needs Class 35 for advertising and retail-related services alongside its core product class. A bubble tea shop needs Class 43 for food and beverage service, Class 32 for the drinks themselves, and often Class 35 for franchise-related advertising. Skipping the adjacent classes is one of the most common gaps in a first-time brand name availability search in China.
Step 3: Select Specific Goods and Services Items
Once the relevant classes are identified, the next step is choosing specific items within each class rather than relying on the general class heading. CNIPA’s Sub-Classification Table lists thousands of standard item names organized by similarity group. Applicants should prioritize the items that most closely match their actual products or services, since protection extends only to what is specifically approved — a direct application of Trademark Law Article 56, covered earlier in this guide.
Step 4: Confirm the Classification Version
Before filing, confirm which edition of Nice Classification and which version of the Sub-Classification Table applies on the intended filing date. Applications submitted on or after January 1, 2026 must use NCL 13-2026; anything filed earlier follows the prior edition. This step is easy to overlook but directly affects whether an application is accepted without an office action.
Worked Example: An Essential Oil Brand
Consider a company selling essential oils for skincare, aromatherapy, and food flavoring. Under the pre-2026 structure, most of these products sat in Class 3. Under NCL 13-2026, the same product line now spans four classes: Class 3 for cosmetic-use oils, Class 5 for aromatherapy preparations, Class 1 for raw-material oils sold to manufacturers, and Class 30 for food-flavoring oils. A search and filing strategy built only around the old single-class assumption would leave three-quarters of this product line unprotected.
Common Mistakes That Weaken Trademark Protection
Mistake 1: Assuming One Class Covers All Sub-Items
This is the single most common misunderstanding among first-time applicants. Registering a mark under a class heading, such as “Class 25 — Clothing,” does not automatically protect every possible clothing-related item within that class. CNIPA requires applicants to designate specific goods or services from the Sub-Classification Table, and protection under Trademark Law Article 56 is limited to exactly what was approved. A shoe brand registered only under general “clothing” items may find its protection does not clearly extend to footwear-specific goods in a different similarity group.
Mistake 2: Using an Outdated Classification Version
Applicants sometimes submit filings using an old copy of the classification table, especially if they are working from templates or prior filings without checking for updates. As of 2026, this means confirming NCL 13-2026 is being used for any application filed on or after January 1. An outdated version can result in item names that CNIPA no longer accepts, triggering unnecessary delays.
Mistake 3: Ignoring Cross-Class and Similarity-Group Conflicts
Because CNIPA’s Sub-Classification Table groups similar goods and services together — sometimes across class boundaries — a search limited to identical class numbers can miss genuinely conflicting marks. This is particularly relevant during the NCL 13-2026 transition period, when related goods may be split across the old and new class assignments described earlier. A thorough pre-registration search should always check adjacent similarity groups, not just the exact class of the intended filing.
The Stakes: 2025 China Trademark Filing Data
China’s trademark system processes an enormous volume of applications each year, which makes precise classification even more important for standing out from potential conflicts. Official figures released at the State Council Information Office’s January 2026 briefing show the scale involved.
| Metric | 2025 Figure |
|---|---|
| Trademarks registered nationwide | 4.206 million |
| Valid domestic trademark registrations (as of year-end) | 49.877 million |
| Average trademark examination cycle | Approximately 4 months |
| Trademark review/reexamination cases concluded | 384,000 |
| Opposition cases concluded | 112,000 |
| Madrid System international applications by Chinese applicants | 6,718 |
Source: State Council Information Office press briefing, January 23, 2026.[9]
With millions of applications competing for space inside just 45 classes, precise, similarity-group-level classification is what separates a smooth registration from a costly rejection and refiling cycle.
Frequently Asked Questions
What is Nice Classification?
Nice Classification is the international system for grouping goods and services in trademark registrations, established under the 1957 Nice Agreement. It divides goods and services into 45 classes, with the current NCL 13-2026 edition effective January 1, 2026.[1][4]
What changed in the 2026 edition of Nice Classification?
The 13th edition, effective January 1, 2026, reclassified goods such as eyewear from Class 9 to Class 10, moved heated apparel from Class 11 to Class 25, split essential oils across four classes by intended use, and added new entries reflecting digital and modern services.[1][3]
Does choosing one Nice class cover all sub-items under it?
No. China’s Sub-Classification Table breaks each of the 45 classes into similarity groups and specific items. Applicants must designate individual goods or services; selecting a class heading alone does not automatically protect every item within it.
What happens if a trademark is filed under the wrong Nice class in China?
Misclassification can lead to office actions or outright rejection, narrower protection than intended, and weaker enforcement options later, since protection in China is limited to the specific goods or services approved at registration under Trademark Law Article 56.
Do trademarks filed before January 1, 2026 need to be reclassified under NCL 13-2026?
No. WIPO and CNIPA have confirmed that existing registrations and pending applications filed before January 1, 2026 are not automatically reclassified under the new edition.[2][7]
What should foreign applicants check before searching a China trademark class?
Applicants should confirm they are using the classification version in force on the filing date, search down to the similarity-group level rather than the class heading alone, and cover all classes relevant to related or adjacent goods and services.
Conclusion: Building Stronger China Trademark Protection Under NCL 13-2026
Nice Classification gives every trademark system in the world a shared starting point, but China’s Sub-Classification Table is where the real search work happens. The 2026 transition adds a genuine layer of complexity — cross-class migrations, split essential-oil categories, and new digital-service entries all mean that a search strategy built for 2025 may already be out of date.
Getting classification right the first time is far cheaper than fixing it after a rejection. If you are preparing to file a new China trademark, expand an existing portfolio, or simply want to confirm your current registrations still align with the goods and services you actually sell, YCIP’s trademark and copyright team can run a full classification review under the current NCL 13-2026 standard. Contact YCIP today, or request a trademark application quote to get started with a classification assessment built around your specific business.
References
- [1] “WIPO releases 13th edition of the Nice Classification: Key points”, https://www.dlapiper.com/en/insights/publications/2026/01/wipo-releases-13th-edition-of-the-nice-classification. Source Role: Law firm legal update. Support Status: Supports. Relevance: Confirms NCL 13-2026 effective date and key reclassifications.
- [2] “Navigating the 2026 Updates to Nice Classification: Key Insights for Brand Owners”, https://www.burges-salmon.com/articles/102lz6a/navigating-the-2026-updates-to-nice-classification-key-insights-for-brand-owners/. Source Role: Law firm legal update. Support Status: Supports. Relevance: Confirms transition rules and no retroactive reclassification.
- [3] “Important changes to the Nice Classification system”, CITMA, https://www.citma.org.uk/resources/important-changes-to-the-nice-classification-system-mb26.html. Source Role: Professional trademark association. Support Status: Supports. Relevance: Confirms eyewear, essential oil, and AIaaS reclassification details.
- [4] “WIPO Nice Classification Official Portal”, https://www.wipo.int/classifications/nice/en/. Source Role: Primary/official source (WIPO). Support Status: Supports. Relevance: Authoritative source for the current Nice Classification edition.
- [5] “Coming on January 1, 2026: Thirteenth Edition of the Nice Classification”, WIPO Madrid System News, https://www.wipo.int/en/web/madrid-system/w/news/2025/coming-on-january-1-2026-thirteenth-edition-of-the-nice-classification. Source Role: Primary/official source (WIPO). Support Status: Supports. Relevance: Confirms transition rules, effective date, and non-retroactive treatment of existing registrations.
- [6] “Navigating the 13th Edition of Nice Classification: Practical Considerations for Trademark Portfolios”, Lexology, https://www.lexology.com/library/detail.aspx?g=e7181ff2-50d2-4651-b928-0fa1d38d1d64. Source Role: Legal industry publication. Support Status: Supports. Relevance: Confirms the structural split between pre- and post-2026 class assignments for identical goods.
- [7] “The 13th Edition of the Nice Classification: Key Highlights for Trademark in 2026”, OAL Law, https://oal.law/the-13th-edition-of-the-nice-classification-key-highlights-for-trademark-in-2026/. Source Role: Law firm legal update. Support Status: Supports. Relevance: Confirms the 45-class structure (34 goods, 11 services) and dual-class search recommendation.
- [8] “Nice Agreement current edition version”, USPTO, https://www.uspto.gov/trademarks/trademark-updates-and-announcements/nice-agreement-current-edition-version-general-remarks. Source Role: Primary/official source (USPTO). Support Status: Supports. Relevance: Cross-confirms NCL 13-2026 effective date from a national trademark office.
- [9] “2025年我国注册商标420.6万件”, China News Service, https://www.chinanews.com.cn/gn/2026/01-23/10557358.shtml. Source Role: State media report on official SCIO/CNIPA press briefing. Support Status: Supports. Relevance: Source for 2025 China trademark registration, examination cycle, and Madrid filing statistics.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Trademark classification rules and CNIPA practice may change, and individual circumstances vary. For guidance specific to your business, consult a qualified IP professional or contact YCIP directly.
