The concept of similar goods is central to Chinese trademark law, yet there is no explicit statutory definition for it. The judicial interpretation of similar goods includes–but is not limited to–anything that is similar or related in terms of use, industry sector, sales channel, or target market. These are goods that have a connection and could easily mislead consumers.
Chinese regulators have established a list of classified goods and services based on a combination of the international Nice Classification system and local customs. This list is the main reference for local trademark professionals when determining the existence of similar goods or services, however, it is not used in isolation; rather, trademark laws require making a similar goods and services determination based on a multi-factor test. This specific test weighs similarities and differences in features, usage, transaction method, type of service, where service is provided, and to whom the service is provided.
FURTHER READING