[Direct answer]It's not impossible to correct a wrong choice of trademark category. According to the application rules of the Trademark Law of the People's Republic of China, if the core products or services are classified incorrectly, they can be corrected within the application correction period and re-applied for the correct category; the approved trademarks can be remedied through actual use, defensive layout, or applying for changes according to the situation. The key deadlines are the correction period after the application and the review period within 15 days from the date of rejection. It is recommended to first check the Nice Classification and the substantive content of the products or services, and if necessary, entrust a professional agent to conduct a search to avoid being rejected due to similarity across categories. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

I. Problem background and typical scenarios

In entrepreneurship and brand operations, choosing the wrong trademark category is a very common mistake. Typical scenarios include: entrepreneurs only register in Class 25 (clothing), but actually sell services in Class 35 (chain franchise), resulting in their core business being unprotected; e-commerce sellers mistakenly select Class 9 (software) as Class 42 (technical services); and failing to register defensive brands in key categories, leaving them vulnerable to being preemptively registered by others. Many applicants mistakenly believe that a trademark provides protection across all categories, or select categories based on intuition, only to discover loopholes when infringements occur. Category planning directly determines the scope of rights protection, and choosing the wrong category is equivalent to leaving key businesses unprotected. Related strategies can be combined withBusiness and contract dispute resolution services for enterprisesCoordinate and plan things in a comprehensive and systematic way to achieve the best results with the least effort.

II. Key points of contention

There are three controversial issues after selecting the wrong category. Firstly, the feasibility of correction: for applications that have not been approved and are still in the correction or review stage, there is more room for correction; for those that have been approved and announced, other solutions need to be explored. Secondly, the risk of similarity across categories: when reapplying in the correct category, if the trademark constitutes similarity in related goods and services with a prior trademark, it will be rejected on the grounds of citation. Thirdly, the determination of use evidence: for those that have been classified incorrectly but are actually in use, whether they can form a certain influence to resist others through long-term use needs to be supported by evidence. For those involving brand licensing, reference can be made to the relevant provisions.Special services and other case services.

III. Professional analysis by Hengluo Lawyers

Based on the trademark-related cases handled by our firm, category planning and rights layout directly affect the success or failure of rights protection. In a trademark infringement and unfair competition dispute represented by Attorney Liu Yuanyuan, the plaintiff, Company A, held a well-known trademark [EFGH] approved for use on sanitary napkins in Category 5. The defendant, Company B, was authorized by a third party in September 2023 to use the trademark [EFGK] and the design patent to produce and sell sanitary napkins under the same name, which were sold online by Company C. Company A sued in April 2024, alleging imitation of the well-known trademark and confusion over packaging and decoration, demanding compensation of 980,000 yuan. Attorney Liu Yuanyuan raised defenses such as the legitimacy of the authorized use, the lack of similarity with the well-known trademark, and the unfounded high compensation claim. The court partially accepted these defenses, finding trademark infringement but rejecting the claim of unfair competition, and awarded Company B compensation of 60,000 yuan (50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), a reduction of over 920,000 yuan from the original claim of 980,000 yuan. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent. In addition, in the franchise contract dispute handled by Attorney Xiong Binrong, the franchisee recovered the service fee of 68,600 yuan through litigation due to the franchisor's lack of qualifications and the invalidation of the trademark. It is reminded that the trademark license and layout must be verified in advance. Such cases can be followed up.Business and contract dispute resolution services for enterprises.

IV. Practical suggestions and legal basis

The legal basis is Article 22 (application by category), Article 23 (application for an expanded scope of approval), and Article 41 (change of registration matters) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); as well as the Classification Table of Similar Goods and Services based on the classification rules of the Nice Classification. Practical advice: Before applying, search for target categories and similar logos to accurately correspond to the names of goods and services; correct any category deviations within the correction period, and if missed, reapply and retain evidence of use; for those with significant cross-category protection needs, they can deploy defensive trademarks or extend protection through the Madrid System. For those involving licensing and franchising, they can combine with other legal measures to protect their rights.Intellectual property protection and corporate legal servicesEvaluation.

5. Hengluo Law Firm's Reminder

If you choose the wrong category, don't panic and don't delay. First, check the Nice classification corresponding to your product or service to determine whether the wrong category affects your core business. If it's still in the review stage, correct it as soon as possible. For those that have been approved, reapply for the correct category as soon as possible and collect evidence of use. Never assume that one trademark covers all categories, nor should you give registrants an opportunity to preemptively register by failing to register key categories. If your application is rejected due to cross-category similarity, you can apply for a review within 15 days and provide additional explanations to clarify the differences. For more questions about trademark layout, please refer to the relevant materials.The official website of Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: If I choose the wrong trademark category, can I still rectify it, or is the application a waste of effort?

This is not a futile application. If the trademark is still in the application review or correction stage, the category can be corrected within the prescribed time limit; even if it has been approved, an application for the correct category can be submitted separately, and the original application will not be automatically invalidated. The success rate of remedial measures depends on the degree of category error, whether it conflicts with prior rights, and whether evidence of use is preserved. The key is to take action as soon as possible to avoid leaving the core business unprotected for a long time. If necessary, back it up with a review, an objection, or actual use arrangements.

Q2: If I choose the wrong application category, what materials should I prepare to rectify the situation?

The following materials are required: the original notification of acceptance of the trademark application or the registration certificate, a correct list of goods and services and the corresponding Nice classification numbers, evidence of the actual operation of the products or services (such as contracts, invoices, promotional materials), materials related to prior use and popularity, and, if the application is rejected, the rejection notice and information about the cited trademarks. The materials should be organized around the correct categories of actual use and distinctiveness, so as to facilitate the correction, re-application, or review process and prove the rationality of the layout.

Q3: How much does it cost to rectify category errors, and what are the official fees and agency fees?

In terms of official fees, there are fixed fees for each trademark application in each category, and additional fees will be charged for exceeding the specified number of goods or services. Reapplying for the correct category will be charged as a new application, and changes and corrections will be subject to separate fees. The agency fee will depend on the difficulty of the search, the number of categories, and whether a review is required, and will be determined according to the contract. There is no uniform standard. It is recommended to first assess the impact of the incorrect category, prioritize remedying the core categories, and control unnecessary multi-category spending.

Q4: How long does it usually take to get the results of a re-application or a defense?

The preliminary review of a trademark typically takes less than nine months. The Trademark Office will notify the applicant of any necessary corrections during the review and set a deadline for response. If the application is rejected, the applicant may request a review within 15 days. The review period usually lasts from several months to a year. Madrid or cross-class registration takes even longer. Overall, it typically takes about a year from reapplying to approval, and the review process after a rejection may take even longer. It is recommended to simultaneously retain evidence of use to prevent business disruptions due to excessively long review periods.

Q5: What should I do first if I realize I've chosen the wrong category?

Here's the translation of the Chinese (Simplified) sentence into English, with a detailed explanation: Suggested four steps: 1. Check the Nice Classification to confirm whether the incorrect classification affects the core business. 2. If the classification is still under review or correction, immediately submit a correction request. 3. For those that have been approved or cannot be corrected, reapply for the correct classification and retain evidence of actual use. 4. In the event of a rejection due to similarities across categories, apply for a review within 15 days and submit a distinction explanation. Throughout the process, it is recommended to consult a professional agent and, if necessary, hire a lawyer to develop a defense and objection strategy.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.