Writing the Goods and Services Specification in China

You have chosen the right class, run the search, and filed. Four weeks later a correction notice arrives: your goods and services items are not acceptable. You have thirty days. If you miss the deadline, the application is not accepted — and in China that does not just mean a delay, it means your filing date is gone.

This is not a rare edge case. It is the most common formal defect in foreign-originated Chinese applications, and it has a specific cause: most jurisdictions let you write your own specification. China does not. Your US or EU specification almost certainly uses wording that CNIPA will not accept.

This article is about the layer beneath class selection: how the goods and services specification is actually written for China, and how to avoid the correction notice entirely.

Two rules that explain everything else

1. CNIPA only accepts standard terms. The acceptable items are those listed in the Similar Goods and Services Classification Table (类似商品和服务区分表), which is China's national version of the Nice Classification — plus a supplementary list of other acceptable terms that CNIPA publishes and updates. Both are organised by six-digit code, and the code, not the words, is what the examiner matches against.

2. The eight-digit system. The Table divides each of the 45 classes into subclasses (类似群), and similarity is judged within subclasses. This is why simply naming the class heading protects nothing: writing "apparel" in Class 25 does not cover the class, because Class 25 contains several separate subclasses (clothing, footwear, headgear) that are examined independently. Covering a class means taking at least one item from each subclass you need.

The distinction that matters for this article: the Table supplies the vocabulary, and the subclasses supply the architecture. Getting the architecture right is what Which Trademark Class Should You File in China? deals with. Getting the vocabulary right is what this article is about — and where foreign specifications fail.

The correction notice, and why the deadline is not forgiving

Under Article 18 of the Implementing Regulations, if an application is basically complete but needs correction, CNIPA issues a notice to correct (补正通知书) giving thirty days from receipt. Three consequences are worth stating plainly:

• Correct in time and your filing date is preserved. The application keeps its original date, and priority in a first-to-file system.
• Fail to correct, or correct improperly, and the application is not accepted. Your filing date is not preserved. You refile from scratch, at the back of the queue.
• The correction must stay within the original scope. You may amend items to standard wording, and delete items, but you cannot widen or add beyond what you originally designated. Amended items must correspond one-to-one with the originals. Where an item is to be dropped, it is marked "consent to delete".

Two further practical details that catch people out. Returning a blank correction notice is treated as abandoning that item. And a correction notice applies to the whole application: if you filed three classes in one application and only one class needs correction, failing to correct it means none of the three classes keeps its filing date. The application stands or falls together.

Deferral is possible only on grounds of force majeure, such as natural disaster, and must be applied for. It is not a routine courtesy.

Corrections are distinct from a substantive refusal. A correction notice is procedural — a formal defect, answered within thirty days. A refusal under Article 30 is the examiner's decision on the merits, answered by review within fifteen days. Do not confuse the two; the deadlines are different, and the second is generally not extendable.

The eight categories that trigger corrections

These are the patterns behind most foreign-originated correction notices.

1. Items that are not in the class you filed. A pure class error. Filing "household gloves" in Class 25 when household gloves belong in Class 21 — a real example from CNIPA's own guidance. The item exists, the class is wrong.

2. Items that span two or more classes. A single term that covers goods living in different classes is unacceptable, because it cannot be assigned one code. "Chemical preparations" fails because "chemical reagents for non-medical, non-veterinary use" is Class 1 while "medical or veterinary chemical reagents" is Class 5. Similarly "salmon" fails — live salmon is Class 31, non-live salmon is Class 29. And "holiday camp services" fails because camping entertainment is Class 41 while camping accommodation is Class 43.

3. Items deleted or moved by a newer edition of the Table. The classification is revised annually. "Paper and cellulose baby nappies (disposable)" was removed from Class 16 in 2012; baby nappies are now in Class 5. Filing a term that no longer exists produces a correction and, if the term was moved, a class problem.

4. Items that are really two items. "Steel and its alloys" contains "steel" and "steel alloy" — two goods, filed separately.

5. Vague, over-broad or indeterminate terms. "Electronic commerce services" is the classic: the concept is unclear, may include logistics and ancillary services, and is too broad to determine a class. CNIPA requires the applicant to specify the actual services. The same applies to sweeping expressions such as "crafts not falling within other classes" or "information services relating to the aforesaid".

6. Terms containing prohibited content. Expressions relating to gambling, divination or fortune-telling — "gambling machines", "slot machines", "gambling chips", "gambling services", "astrology", "card reading services", "fortune telling" — cannot be filed at all. This is a substantive bar, not a formality.

7. Promotional and marketing language. Terms that advertise rather than describe are refused. This is a large and under-appreciated category:

• "Organic" outside a chemical context is indeterminate — "organic tea" is unacceptable.
• "Flavour", "taste" — "flavoured milk" is unacceptable.
• "Nutritious", "conditioning" as promotional words — "nutritious pasta" is unacceptable.
• "Refined", "special", "premium" — "specially made clothing" is unacceptable. Defined exceptions exist, such as "extra virgin olive oil".
• "Special", "of a special type" as imprecise modifiers — "special pulp" is unacceptable.
• "Related", "relevant" as vague qualifiers — "counselling related to mental stress" fails, while "medical counselling related to mental stress" is acceptable because it is specific.

8. Format and language defects. The name must be a noun, or a noun with a prefix, optionally with parenthetical explanation. It must not be a sentence or a paragraph. Commas and full stops are generally not allowed, though commas may appear inside a parenthetical suffix. Multiple parentheses invite a correction: "unprocessed artificial resins (raw materials) (covering materials)" is unclear and self-contradictory. A Chinese enumeration comma (顿号) must not separate two different items — "false eyelashes, wigs" is unacceptable — though it is fine where both words qualify the same noun, as in "adhesives for false eyelashes, wigs".

Two further language rules. Terms must be written in standard simplified Chinese, with no traditional characters and no typographical errors. And Latin letters are generally not permitted, with the exception of widely understood initials with a clear and concentrated Chinese meaning — CD, DVD, LED, DNA and the like, as already used in the Table. An unfamiliar letter string, one with several possible meanings, or one with narrow usage will be rejected. Where a phonetic transliteration into Chinese has low acceptance or a standard Chinese term already exists, use the standard term: "vitamin preparations", not a transliteration of "vitamin".

Geographical names are also generally unacceptable — "beer originating in Italy" fails, as do terms containing "country of origin" or "produced in".

How the classification principles actually decide cases

Where a term is not in the Table, the applicant must classify it by analogy to the class heading and the explanatory notes, then, if that fails, by the general principles. Knowing the principles is what separates a specification that is accepted first time from one that is corrected.

Goods — by function or purpose. This is the primary principle for finished products:

• Gloves is the standard illustration. Clothing gloves are Class 25; protective gloves against accidents are Class 9; medical gloves are Class 10; insulating gloves are Class 17; household gloves are Class 21; sports gloves are Class 28. The same article, six classes, decided entirely by function. Note also that "disposable gloves" is unacceptable standing alone, precisely because function is unstated — "disposable medical gloves" belongs in Class 10, "disposable household gloves" in Class 21.
• Multi-function composites take their principal function. "Electronic sound-emitting device with a book" is Class 9 because the device is principal; "book with electronic sound-emitting device" is Class 16 because the book is.
• Raw materials and semi-finished goods are classified by constituent material. "Metal cladding for building" follows metal building materials into Class 6, as does an artificial metal fish reef.
• Mixed materials take the predominant material: "milk beverages (milk predominating)" is Class 29, while "coffee beverages with milk" remains, in essence, a coffee beverage and is Class 30.
• Components not usable otherwise go in the class of the product they form — a telephone handset is Class 9.
• Dedicated containers go with the goods they contain, where the container is specially designed for them. A "dedicated cosmetic bag", designed specifically to hold cosmetic implements, is Class 21; a "non-dedicated cosmetic bag" is Class 18. This distinction is decided by design, not by name.

Services — by industry, purpose, content, method and object. Three sub-rules do most of the work:

• Rental services follow the service the rented object performs. Renting telephones is a communications service and belongs in Class 38. Leasing follows the same rule, but financial leasing is a financial service and belongs in Class 36.
• Advisory, information and consulting services go in the class of the subject matter, and doing it electronically changes nothing. Transport information is Class 39; financial consultation is Class 36; providing financial information through a website is still Class 36.
• Franchising goes in the class of the service the franchisor provides. Franchised business management is Class 35.

The service principle also explains a trap: advertising film production is Class 35 because it is advertising, but film production other than advertising films is entertainment and Class 41 — while producing television shopping programmes is back in Class 35 as an advertising service.

Non-standard items in practice

Here is the part foreign applicants most often get wrong, and it is worth being direct about it.

Non-standard items are very hard to get through in a national application. Practice has moved over time — comparatively relaxed before 2014, sharply restrictive from 2014 to 2016 as CNIPA cleared its examination backlog, and slightly more flexible since 2017 where the examiner can clearly place the item in a subclass. But the discretionary default remains: if a non-standard item is not amended to a standard one in response to a correction notice, the examiner may refuse the application outright.

The practical consequences:

• Assume you will have to convert. Filing a bespoke specification drafted for your business, in the style familiar from the US, will almost certainly produce a correction notice and cost you weeks.
• There is a route to a wider specification if you genuinely need one. International registrations under the Madrid system extended to China are handled differently: the scope of protection is governed by the goods and services as recorded with WIPO, CNIPA translates them and rarely challenges the descriptions unless they are categorically unacceptable in China — retail and wholesale services, gambling services and virtual currency being the standard examples. For an applicant whose goods or services genuinely do not fit the Nice vocabulary, the international route preserves flexibility that a direct national filing does not.
• This cuts both ways. The same international registration that preserves your own wording may leave subclasses uncovered, because it was not drafted with China's subclass architecture in mind. Widen one way, narrow another. For key marks in key classes, a direct national filing with a specification drafted to cover the relevant subclasses is generally the stronger protection.

The version trap

The classification is revised every year, and the governing version is the one in force when the application is filed — not the one in force when the correction notice arrives.

This produces a genuinely counter-intuitive result. Suppose you filed in 2015, when "insect pins" was in Class 16, and the 2016 edition moved it to Class 26. If you receive a correction notice in 2016 and still want that item, you must file it in Class 16 under the 2015 text — you cannot shift it to Class 26. The rule is a consequence of the one-to-one correspondence requirement: amendments must map onto the original filing.

Practically, the version you are working to should be fixed by reference to your filing date, and every item checked against that edition. Advice based on the current edition can be actively wrong for an application already on file.

A checklist for drafting a specification that survives

1. Draw every item from the Table or CNIPA's supplementary list, by its standard name — not from your home-country specification.
2. Check the class the Table assigns, rather than the class you assumed. Function decides, not your commercial framing.
3. Cover subclasses deliberately. One item per relevant subclass, not one item per class.
4. Split anything that is two things. "Steel and its alloys" is two items.
5. Make every item specific. No "electronic commerce services", no "products", no "related services". If a term could span classes, it will be corrected.
6. Strip the marketing. No "premium", "special", "organic", "nutritious", "flavour" — unless the term has a defined meaning, like extra virgin olive oil.
7. Write it as nouns. No sentences, no commas, no enumeration commas between different items, minimal parentheses.
8. Use simplified Chinese, standard terms, and avoid Latin letters except established acronyms.
9. Confirm the governing edition against your filing date, and check every item against that edition.
10. Leave room to delete. Since you can narrow but never widen after filing, an item you might have to drop is cheaper to include than to add later. The counterweight is that over-designating unused items creates exposure to non-use cancellation — so cover the subclasses you may plausibly use, not all 45 classes.

Frequently asked questions

What is the correction notice for goods and services items in a Chinese trademark application?

It is a procedural notice under Article 18 of the Implementing Regulations, issued during formal examination where the application is basically in order but needs correction — most often because the goods or services items are non-standard, too broad, or outside the class filed. The applicant has thirty days from receipt to correct.

What happens if I miss the thirty-day correction deadline in China?

The application is not accepted, the notice of non-acceptance is issued, and the filing date is not preserved. You would have to refile from scratch. Deferral is available only on force majeure grounds, and must be applied for.

Can I add goods or services items when responding to a correction notice?

No. Amendments must stay within the scope of the items originally designated, must correspond one-to-one with the originals, and items may only be converted to standard wording or deleted. Adding or widening is not permitted. Deleting an item is done by marking "consent to delete".

Do non-standard goods and services terms get accepted in China?

Rarely in a direct national filing. CNIPA accepts the standard terms in the Similar Goods and Services Classification Table and its supplementary list; a non-standard item that is not converted to a standard one in response to a correction notice can lead to refusal of the application. Practice has varied over time but the general rule is that you should expect to convert.

Why is my US trademark specification not accepted in China?

Because China does not accept applicant-drafted specifications. Items must match standard names in the Chinese Table, and similarity is assessed within subclasses, so US-style wording that does not map to a standard term or a subclass will be corrected. Bespoke specifications are generally only preserved through an international registration under the Madrid system.

Can I use the class heading to cover the whole class?

No. Naming a class heading does not cover the class. CNIPA will map the wording to specific subclasses, and coverage is limited accordingly. To cover a class you need at least one item from each subclass you actually need.

Which version of the Nice classification applies to my Chinese application?

The version in force on the date you filed, not the version in force when the correction notice arrives. Items that were moved or deleted by a later edition must still be filed under the edition applicable to your filing.

Why was my item rejected for being "organic" or "premium"?

Because promotional and advertising language is not accepted in specification items. Terms such as "organic" (outside a chemical context), "flavour", "nutritious", "refined", "special" and "premium" are considered indeterminate or promotional and produce a correction, unless the term has a defined meaning.

Drafting a Chinese specification that will be accepted first time, or responding to a correction notice on a foreign-originated filing? We prepare and defend CNIPA goods and services specifications.