March 19, 2026 ©️ Copyright – Goldkeen International Property Office
Introduction
When building a brand, most founders first ask: “Is the name good?” or “Is someone already using it?”
However, in trademark practice, one of the most overlooked yet critical factors is trademark class selection.
Under Taiwan’s trademark system, protection is not unlimited. It is strictly based on the classification of goods and services under the Nice Classification system.
Why Identical Names Can Coexist
You may have noticed that identical brand names can legally coexist in the market.
For example, businesses using the same name may operate in completely different industries—such as optical products, food services, or retail goods—yet still obtain trademark protection.
According to the practice of the Taiwan Intellectual Property Office (TIPO), this is possible because trademark protection is determined by class distinction.
For instance, optical goods fall under Class 9, while restaurant services fall under Class 43. Since these industries are sufficiently different, consumers are unlikely to be confused, allowing both trademarks to coexist.
The key takeaway:
Having the same name does not automatically mean infringement—but your class strategy must be precise.
The Risks of Poor Trademark Class Planning
If trademark classes are not carefully planned, businesses often face two major risks.
First, loss of exclusivity. If a similar mark has already been registered in your intended class, your application may be refused—even if your brand is well-known. This can force costly rebranding or licensing negotiations.
Second, gaps in protection. A trademark may be registered but fail to cover the core business.
For example, if a company operates an e-commerce platform (Class 35) but only registers clothing (Class 25), it may not be able to prevent others from using the same name for online retail services.
In practice, this situation often results in a trademark that exists—but cannot effectively protect the business.
Nice Classification 2026: Greater Need for Precision
With the implementation of the Nice Classification (13-2026 edition), trademark class selection has become even more technical.
TIPO has refined classification standards, particularly emphasizing functional distinctions.
For example, eyewear is now more clearly divided between Class 9 (general use) and Class 10 (medical use).
Similarly, essential oils are distinguished between Class 3 (cosmetic use) and Class 5 (therapeutic or medicinal use).
If the selected goods or services do not match the official wording in the classification system, the application may not qualify for the Fast Track program, resulting in significantly longer examination times.
Conclusion: File Before You Market
A trademark is not just a legal formality—it is a core business asset.
Before investing heavily in marketing, businesses should ensure that their trademark classes are properly structured. Otherwise, they risk building value that cannot be legally protected.
A practical strategy is to prioritize protection for core business classes, which directly generate revenue.
If the budget allows, businesses should also consider expanding protection to future markets and related classes within the next 3–5 years, creating a defensive trademark portfolio.
Working with a professional trademark firm ensures accurate classification, improves approval rates, and allows businesses to take advantage of expedited examination procedures.
Need Help with China Trademark Protection?
Goldkeen provides:
- Trademark class planning and risk assessment
- Nice Classification (2026) guidance
- Fast Track filing strategy
Contact us today for a one-on-one trademark evaluation.
