When filing trademarks in mainland China, declaring 10 goods/services items per class is common practice. But is this the limit? Are there extra fees for more items? How do these rules differ in key overseas markets?
For brands expanding into Southeast Asia—a prime destination for global e-commerce growth—understanding local trademark item limits and fee structures is crucial. Missteps here can lead to unexpected costs or leave key products unprotected. This guide breaks down the rules for China, Thailand, Vietnam, Malaysia, and the Philippines, providing clear strategies for cost-effective filing.
I. At-a-Glance Comparison
Country | Baseline Items per Class | Overage Fee Policy | Key Requirements |
China | 10 items | E-filing: Base fee ~$38/class (10 items), then ~$3.7/item.
Paper filing: Base fee ~$41/class, then ~$4.1/item. | Supports multi-class applications. E-filing is cheaper and faster. Descriptions must follow Nice Classification. |
Thailand | 5 items | 1–5 items: ~$28/item.
6–20 items: Flat fee ~$250. | Descriptions must be highly specific (e.g., “cotton T-shirts,” not “clothing”). |
Vietnam | 6 items | From the 7th item: ~$0.8/item. | Uses adapted Nice Classification. Class headings not accepted. Chinese-character-only marks are refused. |
Malaysia | 20 items | Beyond 20 items: $10 per batch of 10 items. | High baseline allowance. Descriptions follow international norms. |
Philippines | 20 items | Beyond 20 items: $10/item. | Descriptions must be precise; broad terms will be rejected. |
II. Country-Specific Insights & Filing Strategies
China
China's system offers notable flexibility with a 10-item baseline and low overage costs (~$3.7 per additional item). E-filing is strongly recommended for its lower cost and efficiency. The regime supports multi-class applications, where each class is calculated separately, enabling broad protection without cross-class cost penalties. Filers are permitted to use custom descriptions, provided they comply with Nice Classification guidelines.
Thailand
Thailand employs a tiered pricing model that demands careful planning. The first five items are charged individually at approximately $28 each, making it suitable for focused applications. For portfolios requiring 6 to 20 items, a flat fee of about $250 becomes more cost-effective. A critical requirement is the use of precise, narrow descriptions to avoid objections; for instance, "cotton T-shirts" is acceptable, whereas "clothing" is not.
Vietnam
While Vietnam offers a moderate baseline of 6 items with very low overage fees (~$0.8 per item), compliance requires attention to local adaptations. The country uses a modified version of the Nice Classification, and class headings are generally unacceptable. Applications must list specific goods/services in English or Vietnamese, and trademarks consisting solely of Chinese characters will be refused.
Malaysia
Malaysia provides a high baseline of 20 items, making it ideal for businesses with diverse product lines. Overage costs are predictable, charged in batches of 10 items for $10. The application process aligns closely with international standards, offering greater flexibility in descriptions compared to Thailand or Vietnam.
Philippines
The Philippines also offers a generous 20-item baseline but enforces strict description rules. Beyond 20 items, a $10 per-item overage fee applies. The trademark office rigorously requires precise terminology; broad terms like "alcoholic beverages" will be rejected in favor of specific listings such as "wine" or "beer." Detailed advance planning of the product list is essential.
III. Core Recommendation: Strategic Adaptation
The differences in these systems reflect varying national approaches to IP management. China emphasizes flexibility and low marginal costs, while Southeast Asian regimes range from strict, cost-controlling models (Thailand, Vietnam) to more internationally aligned frameworks (Malaysia, Philippines).
The key for global brands is to tailor strategy per jurisdiction: optimize item selection against baseline limits, budget for specific overage fee structures, and strictly adhere to local description guidelines.
Final Note: Trademark registration is an initial step. Maintaining rights requires consistent commercial use and proper documentation. Select items that align closely with actual and planned business activities to ensure robust, cost-effective protection.
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