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Class XXXV.
Ad; business operations; Business Management; Office Matters.
Note: Class 35 mainly includes services provided by individuals or organizations, the main purpose of which is to:
assistance in the operation or management of commercial enterprises;
Assist in the management of business activities or business functions of industrial and commercial enterprises;
and services provided by the Advertising Sector for various goods or services with the aim of advertising to the public through various means of communication.
This category includes, in particular:
classify goods (other than shipping) for others to see and buy; This service may be provided by retail and wholesale stores through mail-order catalogs or electronic media, e.g. through ** or television shopping programmes;
services relating to registration, transcription, writing, compilation, or systematization of written communications and records, and compilation of mathematical or statistical information;
the services of advertising units, as well as the distribution of brochures or samples, either directly or by post; This category may involve advertisements for other services, such as bank lending or radio advertising services.
In particular, this category excludes:
Valuation and preparation of engineers' reports that are not directly related to the operation or management of a business enterprise (consult the alphabetical classification of services).
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There are a total of 45 classes of trademarks in our country that need to be registered, which refers to the class of trademark registration. 1-34 is the category of goods, and 35-45 is the category of services. 35 categories include advertising, business operations, business management, and office affairs;
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Not necessarily, if you want to run an advertising campaign, you need to register 35 classes, and this is voluntary registration, and the principles of trademark registration are as follows:
Principles of Trademark Registration.
Trademark registration is subject to the following principles:
1.The principle of combining voluntary registration and compulsory registration. Most trademarks in China adopt the principle of voluntary registration.
Producers and operators of goods (mainly cigarettes, cigars, and packaged tobacco) that must use registered trademarks as stipulated by national laws and administrative regulations must apply for trademark registration, and the goods shall not be sold in the market without approval for registration.
2.The principle of distinctiveness. The trademark to be registered shall have distinctive features and be easy to identify, and shall not conflict with the prior legal rights of others (such as design patent rights, name rights, and copyrights).
3. The principle of trademark legality. The trademark applied for registration must not use a sign prohibited by law. Trademarks that have been registered for the use of geographical names continue to be valid.
Without authorization, the ** person or representative will register the trademark of the ** person or the representative 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 the trademark contains a geographical indication of goods, and the trademark is 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.
4.When examining and announcing an application for trademark registration, the principle of prior application and prior use shall be adhered to. If two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, the trademark that has applied for earlier shall be preliminarily examined and announced; If the application is made on the same day, the trademark that has been used earlier shall be preliminarily examined and announced, and the application of others shall be rejected and no announcement shall be made.
5.Principle of prohibition of preemptive registration of trademarks. When applying for trademark registration, it is not allowed to preemptively register a trademark that has been used by others and has a certain influence by improper means.
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Class 35 applications are very narrow.
Only companies that advertise to others, promote on behalf of others, and provide business consulting services need to apply for registration in Class 35.
You don't need to register for Class 35 to sell your own products, whether they are self-produced or self-purchased.
Because there is the "Anti-Unfair Competition Law", there is no need to worry, others have registered 35 categories, hang your signboard on other people's doors, and sell other people's products. This is a violation of the Anti-Unfair Competition Law.
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Class 35 trademarks are service trademarks, including product trademarks in the market advertising, marketing, import and export, commercial activities, etc., simply put, is a product, need to promote sales or import and export business in the market, you need to register a trademark in this category! Of course, it is only possible to register this trademark on the product, not registered in Class 35; However, if someone else preemptively registers the same trademark as the product in Class 35 in the future, then the other person has the right to request that the trademark of this product stop being promoted and sold, and the trademark goods are removed from the shelves!
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Although Class 35 is known as a universal trademark, it does not have to be registered, and can only be used for online sales or promotion. From the perspective of trademark use, don't have a trademark, you don't want to be preemptively registered, and if you want to register it, it is not possible, if you want to protect the brand, you should spend money, and even if you don't use it, you can sell it later.
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Not necessarily, if you are running an advertising campaign, you need to register for 35 categories, and if you don't need to.
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Trademark registration is indispensable for the convenience of future use, advertising, chain franchise, company listing of well-known trademarks and famous trademark applications.
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It is necessary to register Class 35 for any brand to circulate in the market, because Class 35 is a service mark and not a product mark. Among the 35 types of trademarks, the contents of sales promotion for others, advertising, franchise needs, etc., are very important contents for enterprises.
Seven reasons why all walks of life need to register for Class 35:
1.Products need sales channels.
Whether it is physical sales or online sales, store signs and doors are important forms of expression. And the store sign needs to be protected through 35 categories.
2.Enterprise development needs chain franchise.
It is necessary to provide franchise management services to franchisees, which has a clear product in 35 categories.
Such as: 3502 franchise business management. This naturally determines that if you want your brand to be inviolable, if you want to become bigger and stronger, all 35 categories of enterprises must be registered.
4.In general, the main means of profit in the development of e-commerce is advertising.
Like 3501 pay-per-click advertising, advertising is a necessary means for the development of enterprises, and 35 categories are the categories that must be registered for all e-commerce and telemarketing platforms.
Class is a means of defense for many businesses.
It is possible that your brand is currently in the early stages of development, only used on products, and is not registered for Class 35. Then others can register 35 classes and use your brand name in supermarkets, stores, markets, and storefronts.
As long as you don't use the name on your registered product, you can't sue others for infringement, and others can use your brand legitimately under the protection of the law.
6.35 classes are registered to prevent the brand from being damaged by rubbing edges.
If you do it well, others can rely on the popularity you've worked so hard to create to sell their own products. If the other party happens to be selling shoddy and low-quality products, consumers recognize that you are selling, and the market influence spreads fast enough to make your brand die instantly.
Others make a profit, and you pay for it. Others destroy, you come to clean up the aftermath!
There is a large number of applications for the registration of goods in the category, and for the sake of safety, it is the best choice to occupy the 35 classes first, and to occupy the market first in the case of less cost.
Legal basis
Trademark Law of the People's Republic of China
Article 3. Trademarks approved and registered by the Trademark Office are registered trademarks, 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 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.
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Legal analysis: Not necessarily, if the operator wants to operate advertising activities, it needs to register for Class 35, and this is voluntary.
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. Trademark Note: An applicant 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 can be submitted in writing or in the form of data messages.
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