Registered trademark, is Class 35 required?


Release Time:

2022-07-05

Speaking of registered trademarks, 35 classes have always been an inalienable topic, no matter what industry, it seems to be able to climb the relationship with him.

For example, 5 categories of medicine +35 categories of pharmacies, 25 categories of clothing +35 categories of clothing stores, 20 categories of furniture +35 categories of furniture stores, etc., even 43 categories of catering services have to add a 35 category, who let 35 categories have a "hotel business management" service.

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Category 35 is far more popular than other categories.

So is Class 35 really as important as the agent suggests? Let's first take a look at what the 35 categories contain:

[3501] Advertising

[3502] Business Administration support industry

[3503] Sell for others

[3504] Personnel management support industry

[3505] Migration of commercial enterprises

[3506] Office affairs

[3507] Finance and Accounting

[3508] Single service

[3509] Retail or wholesale services for drugs and medical supplies

According to the content contained in the 35 categories, we have a good understanding:

1, advertising companies, planning companies, design companies and other cultural and creative services

The core product content of registration is: outdoor advertising 350003, ※ Advertising design C350001, advertising planning C350002, advertising promotion 350039, advertising manuscript writing 350099, advertising agency 350047, etc.

2, import and export trading companies, e-commerce and other sales and transaction services

The core product content of the registration is: import and export agent 350005, marketing 350106, telephone marketing 350107, online market 350120 for buyers and sellers of goods and services. Particular attention is paid to the final "for goods and services... ... "Offering online marketplaces" is the latest to appear on January 1, 2015, and was not available before. It also marks the clear e-commerce service trademark.

3,business management consulting service company

It is mainly aimed at providing business information services and business research services for enterprises. And business management, mainly hotel management, business consulting, etc. (that is, enterprises serving enterprises) the core product content of the registration is: business management assistance 350001, hotel business management 350078, franchise business management 350096, business information 350065, opinion polls 350066, business information 350119 provided through the website. It is also suitable for public relations companies, business service companies, etc.

4, pharmacy, hospital pharmacy, etc

The core product content of registration is: retail or wholesale service of pharmaceutical, veterinary, health preparations and medical supplies 350108, ※ Drug retail or wholesale service C350009, etc.

5,headhunting companies, recruitment services and personnel management companies

The core contents of the registration are: employment agency 350012, business management of actors 350079, psychological test for talent selection 350090, etc

6,accounting and finance company

The core products of the registration are: accounting 350015, drawing bills, account statements 350016, business audit 350017, tax declaration service 350123, etc.

7, secretary and office service type company

The core product contents of the registration are: Secretary 350072, copy service 350009, document copying 350026, invoicing 350098, computer document management 350061, updating and maintaining data in computer database 350117, office machinery and equipment rental 350013, etc.

The above types of companies can be said to be required to register Class 35 trademarks. Otherwise it will be registered by others, there will be very serious consequences, light name change, heavy lawsuit.

In addition to these, for specific products and services, the protection of 35 types of trademarks must not be taken lightly.
Just like the previous "hundred orchard" trademark dispute case:
The plaintiff Oriental Xianglin Vegetable Fruit Base Co., Ltd. has the exclusive right to use the registered trademark No. 1466895

image-20220705120101-2.png

The defendant, Shenzhen Baiyuan Industrial (Group) Co., Ltd. has the exclusive right to use the registered trademark No. 20103160

image-20220705120116-3.png

The plaintiff claimed 91.03 million yuan, the court of first instance directly rejected the plaintiff's lawsuit request, the defendant has the class 35 trademark, the fruit supermarket chain franchise, such a business is completely within the scope of their own trademark approval of routine use.
Therefore, when applying for a trademark, do not hesitate to register 35 classes if conditions permit. Especially in today's e-commerce competition is so fierce, for their own brand protection, must get a position, do not be a person who penetrated the leak, apply for trademark advice or find a regular professional agency, to help their own brand planning, choose an optimal way, for their own trademark brand development escort.

Expertise sharing

Trademark Law [Article 22] The applicant for trademark registration shall, in accordance with the prescribed classification of commodities, fill in the class of commodities and the name of the commodity in which the trademark is used, and file an application for registration.

An applicant for trademark registration may apply for the registration of the same trademark in respect of multiple classes of goods through one application.

An application for trademark registration and other relevant documents may be submitted in writing or by electronic message.

Source: Trademark Circle

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