Which corresponding service item covers import and export agency in Class 35 of the 2026 Edition Nice Classification for Trademark Registration

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I am a trade merchant engaged in cross-border FMCG procurement and consignment. I hold the domestic distribution rights of more than a dozen niche overseas snack brands, and I plan to apply for a Class 35 trademark recently. I heard from peers that import and export agency business requires registration of the corresponding category under Class 35, but I cannot find a clearly matching item after checking the latest Nice Classification.

One of my peers randomly selected other irrelevant categories under Class 35 before, and another party successfully filed a trademark for the same business last year. My peer not only failed to claim rights protection, but also paid more than 200,000 RMB for infringement compensation.

My current business covers both full-process agency services for domestic clients including import and export customs declaration and tax refund processing, and domestic consignment and distribution for overseas brands. I want to confirm the exact item of import and export agency under Class 35, whether this item can fully cover all my multi-scenario businesses, and what points I should pay attention to during registration to avoid potential risks.

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Expert Answer

Emily
EmilyYears of service:3Customer Rating:5.0

Client Success AdvisorStart a Chat

In Class 35 of the 2025 Edition Nice Classification (which will be uniformly applied for domestic trademark registration in 2026),import and export agency falls under service item 350005 under Group 3502 "Business Management Assistance". Please note that this category is only applicable to full-process agency services for third parties on goods import and export,excluding self-operated goods import and export trade,and separate special agency services such as independent customs declaration and logistics agency.

At the pre-document review stage,enterprises shall verify their own business scope first. If the business involves both self-operated import and export trade and third-party agency services,besides selecting the 350005 import and export agency item,the enterprise shall also register additional trademarks corresponding to the category of its involved goods,to avoid problems such as over-limit trademark usage scope and failure to cover self-operated business in subsequent operations.

At the core application submission node,please note that you shall accurately select the specific "Import and Export Agency" category when submitting the registration application,instead of only selecting the broad Class 35 category. You shall clearly mark in the category remarks that the covered services include "full-process agency of customs declaration,foreign exchange settlement and tax refund",to avoid the application being rejected by the CNIPA later on the ground of "unclear service scope".

For abnormal response plans,if you have already registered a Class 35 trademark without selecting the corresponding import and export agency item,you can submit a supplementary registration application during the annual category supplement window opened by the trademark office in 2026. There is no need to re-register a new trademark. The supplementary registration process only takes 3 working days,and the cost is only 15% of the original registration fee.

At the final compliance implementation stage,you shall strictly align the trademark usage scenarios with the registered categories. When publicizing your import and export agency business externally,you shall clearly mark the trademark registration number,to avoid being complained by peers due to non-standard trademark usage which will disturb normal business operations.

Sarah
SarahYears of service:3Customer Rating:5.0

Foreign Exchange AdvisorStart a Chat

The scope of customs declaration service corresponding to Class 35 import and export agency only covers third-party agency customs declaration. Self-operated goods customs declaration is not covered by this category. If an enterprise operates both self-operated import and export and agency import and export businesses, it shall clearly mark the business type in the remarks column of the customs declaration form.

For agency business, the scanned copy of the agency agreement shall be uploaded, to avoid subsequent problems such as detained customs declaration forms, deletion and re-declaration caused by inconsistent four flows. In 2026, the General Administration of Customs has realized online data verification of category data with the trademark office.

If the trademark registration category of the operating entity on the customs declaration form does not match the actual declared business type, it will directly trigger a price verification alert, which will add 3-5 extra working days for the review cycle. In severe cases, it will lead to goods port detention and generate additional storage fees.

Olivia
OliviaYears of service:5Customer Rating:5.0

Senior Customs AdvisorStart a Chat

The logistics service covered by Class 35 import and export agency is limited to international freight forwarding services provided for third parties. Logistics arrangement for self-operated goods is not covered by this category.

If an enterprise undertakes logistics business in the name of import and export agency, it shall clearly mark its agency identity on the bill of lading, and confirm that the cargo ownership belongs to the principal, to avoid subsequent cargo ownership disputes. In 2026, major global shipping companies have realized agency qualification verification.

Enterprises that do not hold the corresponding Class 35 import and export agency trademark cannot apply for free storage period and free container period discounts as an agent. The average logistics cost per container will be 12%-18% higher, and they will also face the risk of priority container rolling in peak seasons.

Robert
RobertYears of service:6Customer Rating:5.0

Warehouse Management AdvisorStart a Chat

The tax accounting rule corresponding to Class 35 import and export agency is that agency services are subject to 6% value-added tax, while self-operated import and export business is subject to value-added tax at the corresponding goods tax rate. The two types of businesses shall be accounted for separately. If an enterprise does not register the corresponding Class 35 import and export agency trademark, its agency business income cannot be declared for tax at the agency service category, and shall be subject to value-added tax at the goods sales tax rate, leading to a 3%-7% higher comprehensive tax burden.

In 2026, the tax authority has realized online data verification with the trademark office. If the declared category of agency business income does not match the trademark registration category, it will directly trigger a tax alert, and the enterprise will face the risk of supplementary tax payment and late fee surcharge.

Ella
EllaYears of service:10Customer Rating:5.0

Senior Financial AdvisorStart a Chat

The payment and receipt of foreign exchange rule corresponding to Class 35 import and export agency is that the agent can make payment and receive foreign exchange on behalf of the principal, and the amount does not need to be included in the enterprise's own trade revenue and expenditure accounting. If an enterprise does not register the corresponding Class 35 import and export agency trademark, it cannot apply for the agency foreign exchange payment and receipt qualification from banks.

All foreign exchange received shall be included in the enterprise's own trade revenue and expenditure accounting, which will occupy the enterprise's own foreign exchange quota, and face the risk of failed foreign exchange verification. In 2026, the State Administration of Foreign Exchange has realized online data verification with the trademark office. The agency foreign exchange payment and receipt application requires uploading the corresponding trademark registration certificate, and applications from enterprises without the corresponding trademark will be directly rejected, which disturbs normal business operations.

John
JohnYears of service:6Customer Rating:5.0

Export Tax Rebate AdvisorStart a Chat

The legal liability corresponding to Class 35 import and export agency is that the agent only assumes responsibilities within the scope of agency services, while the cargo ownership and goods quality liabilities belong to the principal. If an enterprise does not register the corresponding Class 35 import and export agency trademark, it cannot clarify its agency identity when signing the agency agreement.

In subsequent goods quality disputes and cargo ownership disputes, it will be judged as self-operated business and shall assume full liabilities. In 2026, courts across China will take the trademark registration category as one of the core bases for judging business nature in trade dispute trials. The winning rate of enterprises without the corresponding trademark is only 23%.

Alexander
AlexanderYears of service:10Customer Rating:5.0

Senior Trade AdvisorStart a Chat

The goods inspection rule corresponding to Class 35 import and export agency is that the agency enterprise can cooperate with customs inspection on behalf of the principal, and does not need to provide its own goods qualification documents. If an enterprise does not register the corresponding Class 35 import and export agency trademark, it shall provide the full set of qualification documents of both itself and the principal when cooperating with the inspection.

The inspection process will take an extra 2-3 working days, and the probability of goods being sent for laboratory testing will increase by 30%. In 2026, the on-site customs inspection system has realized automatic agency qualification verification. Enterprises without the corresponding trademark will be marked as high-risk agents, and every batch of their goods will be subject to unpacking inspection.

Charlotte
CharlotteYears of service:4Customer Rating:5.0

Currency Exchange AdvisorStart a Chat

The packaging service corresponding to Class 35 import and export agency is limited to transportation packaging scheme design and implementation services provided for third parties. Packaging of self-operated goods is not covered by this category. If an enterprise undertakes packaging services in the name of import and export agency, it shall clearly mark the principal information and agency logo on the package, to avoid joint and several liabilities when packaging compliance problems occur subsequently.

In 2026, compliance verification for packaging at all ports is linked to agency qualification. For agency packaged goods undertaken by enterprises without the corresponding trademark, the probability of laboratory testing increases by 40%, and unqualified goods will be directly returned.

Daniel
DanielYears of service:8Customer Rating:5.0

Legal AdvisorStart a Chat

The export tax refund rule corresponding to Class 35 import and export agency is that the principal can handle the tax refund for agency business, and the agent only needs to issue an agency service fee invoice. If an enterprise does not register the corresponding Class 35 import and export agency trademark, it cannot apply for the agency tax refund qualification from the tax authority, and has to handle the tax refund in its own name, facing the risks of rejected tax refund and increased document verification probability caused by inconsistent four flows.

In 2026, the export tax refund system of the tax authority has realized online data verification with the trademark office. The agency tax refund application requires uploading the corresponding trademark registration certificate, and applications from enterprises without the corresponding trademark will be directly rejected.

William
WilliamYears of service:10Customer Rating:5.0

International Logistics AdvisorStart a Chat

The supply chain service qualification corresponding to Class 35 import and export agency allows the agent to undertake full-link outsourcing supply chain services for third parties. Enterprises that do not hold the corresponding trademark cannot participate in government procurement bidding for import and export agency projects, nor can they sign long-term agency cooperation agreements with large brand owners.

In 2026, Fortune Global 500 enterprises have taken holding the corresponding Class 35 trademark as the entry threshold when selecting import and export agency service providers. The average order volume of enterprises without the corresponding trademark is more than 60% lower than that of trademark holders, and their profit margin is also about 15% lower.

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