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Authoritative answer, which enterprises must register 35 types of trademarks

Release Time：

2022-10-30

Trademarks are divided into 45 categories by industry, and Category 35 is one of them. Many companies often ask, my product trademark certificate has been obtained, can not be used without 35 categories? What are the implications and risks of me not registering for Class 35? Enterprises are still hesitant about whether they want to register class 35, and today small letter will talk about the necessity of 35 class trademarks in the development of enterprises. 1. Door protection 2. Franchise - Business Management of franchise 3. E-commerce, mall, network platform required category 4. Defensive use to prevent brand damage

1. Door head protection

Products need to have sales channels, whether it is physical store sales or online sales, store signs, doors are important forms of expression. Store recruitment needs to be protected through 35 categories. 35 classes equivalent to corporate signboards, is a necessary category!

If your brand is currently in the early stages of development, it is only used on products and is not registered in class 35. Then others can register 35 categories and use your brand name in supermarkets, stores, markets, store doors. As long as you do not use this name on your registered products, others can legitimately use your brand under legal protection. You can't Sue me for trademark infringement because I don't sell your product. Legal infringement is common in the market.

2. Franchising - Business management of franchising

Class 35 has a service called franchise business management, for example, I have a xx trademark, I can use it myself, I can also license others to use it. The chain stores I open are not necessarily directly operated stores. When I license others, I conduct business management of these stores myself, so the service I provide is the business management of franchise.

Enterprise development needs a franchise, the need to provide franchise management services to franchisees, which naturally determines that you want to do a chain, you want your own brand is not infringed, you want to be bigger and stronger, 35 classes naturally all enterprises must be registered.

3. E-commerce, mall, network platform required category

The 35 categories include advertising, business operation, business management, e-commerce, providing commercial information through websites, providing online markets for buyers and sellers of goods and services, etc., which are related to the advertising and business consulting services of Internet companies, so trademark registration in this category is very important for Internet companies. From a single product to the development of a store, 35 is the inevitable choice, such as 3503 for the buyers and sellers of goods and services to provide online markets, marketing for others. Through operation, the company has become bigger and stronger, established its own independent e-commerce platform, and established its own mall, at this time, there is no 35 class.

4. Defensive use to prevent brand damage

If you do it right, others can rely on your hard-earned visibility to sell their own products. If the other party happens to sell shoddy and low-quality products, consumers perceive that you are selling, and the spread of market influence is fast enough to make your brand perish instantly. Others profit, you pay. Other people break, you clean up!

In particular, enterprises that sell goods such as retail and wholesale cannot ignore the registration of Class 35 trademarks. Simply put, it is a product that needs to be promoted and sold on the market, and you need to register a trademark in this category! Of course, just registering this trademark on the product, without registration in Class 35, can also be sold; However, if someone else will be the first to register the product trademark in Class 35 as a trademark, and then use the trademark name to open a shop and sell other products of the same type, it will easily cause public confusion and bring very bad brand impact.

In the trademark industry, the 35 class trademark is absolutely a special existence, some people say that it is a "universal trademark", some people say that "a day does not note regret for life", there are also a few years after the registration of the party to question the agent, why did not insist on persuading him to register 35 class, there are many companies because of 35 class for several years of litigation, this is a real case. Don't be too entangled about the importance of 35 classes, just need to understand that there is no legal support, why is the name yours? With the protection of the law, you can go further! (Source: Trademark Circle)

Expertise sharing

《Trademark Act》The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods in which the registered trademark is used. Where a person is licensed to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods on which the registered trademark is used.

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