What are the provisions on the scope of trademark business?

When applying for trademark registration, the product name or service item should be filled in as far as possible in accordance with the specification of the "Classification Table of Similar Goods and Services". The product name or service item is one of the central links of the entire trademark registration work, which determines the scope of protection of the registered trademark, that is, the business scope of the registered trademark. According to Article 23 of the Trademark Law, if a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be filed.

When applying for trademark registration, it is necessary to indicate the specific product name and service item. In addition, the goods or services specified in an application can only be limited to one category. The product name or service item should be specific, accurate and standardized, so as to clearly specify the scope of protection of the trademark.

Generally speaking, when a commodity has a regular name in the commodity classification table, the canonical name in the classification table should be used.

If it is used beyond the approved business scope of the trademark, it may lead to serious consequences such as trademark infringement and counterfeiting of registered trademarks, and damage the reputation of one's own trademark and brand. Registered trademarks in China can be divided into 45 trademark categories, and before applying for trademark registration, you should correctly fill in the trademark registration application form according to the scope of use of the trademark. If the enterprise produces and operates a wide variety of goods and services, it can register multiple trademarks in multiple classes to expand the scope of use.

The application for registration of a trademark itself is subject to industry restrictions, so there must be restrictions on the scope of business. For example, if you did not register the full amount of your original trademark, but only registered it for example, food, then, it stands to reason that your trademark will not be protected when you are operating in the clothing category, it is recommended to search for the Trademark Law!

Legal analysis: The 16 classes of trademarks are mainly: paper, cardboard and their products, printed matter, binding supplies, stationery, stationery or household adhesives, art supplies, paintbrushes, typewriters and office supplies (except furniture), educational or teaching supplies (except instruments), plastic articles for packaging (not belonging to other classes), printing pencil and printing plates.

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 use the trademark 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 kind of 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.

Legal analysis: surgical, medical and veterinary instruments, instruments, equipment (excluding electronic, nuclear, electrotherapy, medical X-ray equipment, instruments and instruments). Dental equipment and appliances.

Electronic, nuclear, electrotherapy and X-ray equipment for medical use. Medical assistive devices, equipment, and supplies. Pacifiers, feeding bottles.

Contraceptives . Prosthetics, wigs and organs. Orthopedic products .

materials for suturing.

Legal basis: Trademark Law of the People's Republic of China

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above-mentioned elements, may be applied for registration as a trademark.

Article 9 The trademark applied for registration shall have distinctive features that are easy to identify, and shall not conflict with the prior legal rights of others. The trademark registrant has the right to mark the "registered trademark" or the registered mark.

Trademark registration approved category 10, belonging to medical devices, including: surgical, medical, dental and veterinary instruments and instruments; prostheses, eyes and dentures; orthopedic articles; materials for suturing. ** device for the disabled; massage equipment; Baby care instruments, utensils and supplies; Sexual devices, utensils and supplies.

Trademark registration approved class 10, group classification details:

Surgical, medical and veterinary instruments, instruments and equipment, excluding electronic, nuclear, electrotherapy, medical X-ray equipment, instruments and instruments.

Dental equipment and appliances.

Electronic, nuclear, electrotherapy and X-ray equipment for medical use.

Medical assistive devices, equipment, and supplies.

Pacifiers, feeding bottles.

Sex products. Prosthetics, wigs and organs.

Orthopaedic and mobility aids.

materials for suturing.

Legal Analysis: Class 20 Trademark Business Scope Includes: Furniture, Mirrors, Photo Frames; Products of wood, cork, reed, rattan, wicker, horn, bone, ivory, whalebone, shells, amber, mother-of-pearl, sepiolite, substitutes for these materials or plastic products that do not belong to other categories.

Legal basis: Article 22 of the Trademark Law of the People's Republic of China 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.

Categories of goods licensed: according to the types of goods approved on the trademark registration certificate.

Permitted region: within the administrative region of the People's Republic of China.

Nature of the right to use the license: Exclusive authorization to use the license, that is, during the term of this contract, Party A shall not use the relevant registered trademark, nor shall it license others to use the relevant registered trademark.

Article 43 of the Trademark Search Law of the People's Republic of China allows a trademark registrant to license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall ensure the quality of the goods using the registered trademark.

If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, and Qingmeng shall be announced by the Trademark Office. The trademark license shall not be used against a bona fide third party without filing.

The formulation of the scope of business may vary according to the type of industry. The most direct and extensive business scope of the company is wholesale and retail and the most extensive business, so the proposed company can operate a wide range of products, in addition to the national monopoly control products and products that need to be pre-approved. Science and technology are generally based on research and development.

Generally speaking, a company has two types of business scopes: main business and auxiliary business. The main business is the main business of the company, and the auxiliary business is the business around the company's main business. For example, the research and development of science and technology is the main business, and the auxiliary business can be filled in wholesale, retail or sales.

Business services limited company business scope can choose such as business management consulting, information consulting, exhibition display, image planning and so on. Its ancillary business can also choose wholesale and retail and**. Agriculture, forestry, animal husbandry and other companies must have pre-approval conditions, as well as food, tobacco and alcohol and other businesses are subject to approval.

The processing and manufacturing industry can directly choose to process and manufacture a certain product, and the auxiliary business can choose wholesale, retail or sales.

Article 12 of the Company Law of the People's Republic of China The business scope of the company shall be stipulated in the articles of association of the company and shall be registered in accordance with the law. The company may amend its articles of association and change its business scope, but it shall go through the registration of the change. The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.