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Trademark Registration. Trademark Assignment.
Trademark License. Trademark Changes.
Trademark renewal. Rejection of the review.
Invalidation and so on...
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A service mark refers to a sign used by a natural person, legal person or other organization to distinguish its services from those of others when providing services or in advertising. It is customary for us to refer to commodity trademarks and service trademarks as general trademarks.
The following are the classifications of service marks:
Class 35 Advertising; business operations; Business Management; Office Matters.
Class 36 Insurance; financial matters; monetary affairs; Real estate matters.
Class 37 Housing construction; Repair; Installation services.
Class 48 Telecommunications.
Class 49 Transport; packaging and storage of goods; Travel Arrangements.
Class 40 Material Handling.
Class 41 Education; provide training; Amusement; Cultural and sports activities.
Cat 42 Scientific and technical services and related research and design services; industrial analysis and research; Design and development of computer hardware and software.
Class 43 Provision of food and beverage services; Temporary accommodation.
Class 44 Medical services; veterinary services; hygiene and grooming services for people or animals; Agricultural, horticultural and forestry services.
Class 45 Legal services; private and social services provided by others to meet personal needs; Services for the protection of property and personal safety.
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Su Ye Shi Shanfang waits for Ding Da not to (Meng Haoran) to find the hermit in the West Mountain (Qiu Wei).
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Legal analysis: goods are tangible, commodity trademarks are used on specific goods, services are intangible, and service trademarks are used in specific services; Commodity trademarks appeared earlier; Under the premise of the implementation of the principle of voluntary registration, special commodities are subject to compulsory registration; Wait a minute.
Legal basis: Trademark Law of the People's Republic of China Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; The trademark registrant enjoys the exclusive right to respect the trademark of the merchant wheel code and is protected by law.
For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.
For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization for its goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective trademarks and certification marks shall be prescribed by the administrative department for industry and commerce.
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Service marks are mainly composed of words, graphics, letters, numbers, three-dimensional signs, sounds and color combinations. The services referred to in the trademark of the service category mainly correspond to the services with labor factors provided by the tertiary industry for consumers, such as catering services, repair services, etc. Once the trademark is registered by the service enterprise, the enterprise also has the exclusive right to use the service mark and is protected by law.
The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.
[Legal basis].
Trademark Law of the People's Republic of China Article 22 The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application. The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.
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A service mark, also known as a service mark or service mark, refers to a sign used by a service operator to distinguish the services it provides from those provided by others.
Like the merchandising standard, a service mark can be composed of words, graphics, letters, numerals, three-dimensional signs, a combination of sounds and colors, and a combination of the above elements. Once it is registered by the service enterprise, the enterprise also has the exclusive right to use the service mark and is protected by law.
According to the relevant laws, if the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the regulations. If the trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark that has not been registered in China by another person, which is likely to cause confusion, it shall not be registered and its use shall be prohibited. If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
Without authorization, the ** person or the representative will register the trademark of the ** person or the representative Jing Wei in his own name, and if the ** person or the representative raises an objection, it will not be registered and the use is prohibited.
If there is a geographical indication of the goods in the trademark, and the goods are not in the area indicated by the mark, misleading the public, it shall not be registered and its use shall be prohibited; However, registration that has been obtained in good faith will continue to be valid.
Trademark Law of the People's Republic of China
Article 19 The trademark institution shall follow the principle of good faith, abide by laws and administrative regulations, and handle the trademark registration application or other trademark matters in accordance with the entrustment of the first person; It shall have the obligation of confidentiality to keep confidential the business secrets of the respondent learned in the course of the first process. If the trademark applied for registration by the client may not be registered under this Law, the trademark ** agency shall clearly inform the client. If the trademark ** institution knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment.
Trademark institutions shall not apply for registration of other trademarks except for the application for trademark registration for their services.
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In economic activities, the products of some enterprises are not provided to consumers as tangible goods, but as services of a commercial nature to meet the needs of consumers. Such as tourism services, repair services, insurance services, entertainment services, transportation services, post and telecommunications services and so on. These different products offered by different companies also need to be distinguished by different markings.
For example, China's Civil Aviation Co., Ltd., British Airways of the United Kingdom, and Germany's Lufthansa Qingchang Airlines, etc., all provide the same service, but each has a different service mark.
1. What is the difference between a commodity trademark and a service trademark?
1. The definitions are different. A commodity trademark refers to the words, graphics or combinations thereof used by the producer or operator of goods in order to distinguish the goods produced or operated by themselves from the goods produced or operated by others. A trade mark may be a word, a figure or a combination thereof with or without any meaning.
Like other trademarks, as long as they do not violate the prohibition clauses of the law, do not harm public morality or the interests of others, and have the distinctiveness of the trademark, they can become a trademark for goods. A service mark is a sign used by a service operator to distinguish the services it provides from those provided by others. It is used as a commercial service to meet the needs of consumers.
2. The objects are different. The difference between a commodity trademark is a certain kind of goods, which is generally tangible and appears as a certain kind of article. This is not the case with service marks, which distinguish a certain kind of service, which is generally intangible and manifested as human behavior.
It can be seen that the difference between service marks is that it is much more difficult to distinguish tangible goods than commodity trademarks.
2. Q&A on the nature of service marks.
Netizens asked: What is the nature of a registered service trademark?
Lawyer: The nature of a service mark is the same as that of a trade mark, except that a trade mark provides goods to consumers, while a service mark provides services to consumers. The services referred to here refer to the services with labor factors provided by the tertiary industry for consumers.
Like trade marks, service marks can consist of words, graphics, letters, numerals, three-dimensional signs, combinations of sounds and colors, and a combination of these elements.
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