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In other words, no matter which country you go to register a trademark, you need to refer to and select the trademark class according to the location of the goods, and then complete the registration. This table is also known as the Nice-based Classification Table, a name derived from the fact that the first designated classification table was made in Nice, France.
Currently, Nice divides goods and services into 45 classes, with goods ranging from 1 to 34 and services from 35 to 45. The classification of Nice is revised annually and the classification table is adjusted according to the classification table given. The applicant shall submit the application when completing the implementation of the declaration distinction form in accordance with the law, and may declare that the standard name as well as the name of the product and service are not included in the difference in form.
The categories protected by each trademark are different, if you are a catering, you should register 43, and the other classes registered are not protected by restaurants. Normally, there are several classes involved in the protection of a trademark, except for pure manufacturing enterprises. Since there are goods, of course there are services.
Among the categories of registration applications involved, it should be taken into account that the food industry, which involves convenience foods, fruits, vegetables, processed and unprocessed, and has more sales channels, should be more comprehensive and specific in the categories of physical and cyber protection. You make the wrong choice or miss it, and you won't be able to protect the brand.
First of all, the registration category should be determined according to the functional use of the goods. Secondly, if there is already an applicant in this category who has submitted a product name and it has been approved by the National Trademark Office, you can refer to the previous application. If there is no prior right reference, it is recommended to choose the items that are classified as much as possible to avoid unnecessary risks such as correction.
Literally, trademark registration entails the selection of classes and items of goods to be registered based on a classification table of services and goods. That is to say, before applying for a trademark, we need to fully consider which fields the trademark will extend to, or which industries the trademark will apply to. Therefore, we can consider the following three aspects:
In the process of trademark registration, in addition to selecting the trademark category within the business scope of the existing industry, it is also necessary to estimate the possible product or service categories of an industry, and please find the corresponding classification in the "Service Commodity Classification Table" when registering. In the classification of services and goods, there are certain differences between our daily commodity classification and commodity classification, so there are many categories that are easy to confuse, such as "computer game software" and "online games", "office stationery" and "office daily paper products" and so on. At the time of registration, industry-related products should be registered in the category of "classification of services and goods" that is likely to be confused.
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There are many types of trademark registrations, which can be roughly divided into 45 categories. First of all, you should choose a trademark according to your actual situation, and then you should also choose some trademarks with preferential measures.
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There are many different types, and when registering a trademark, you should choose the appropriate category according to the trademark pattern you provide, the trademark style, and the type of industry you are engaged in.
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45 classes, choose the class you want to register, and then look for the most suitable trademark project for your company's positioning in the following subdivisions.
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Details of the types of trademarks are as follows:
1.Product Trademarks. Commodity trademarks are the most commonly used trademarks, which refer to the trademarks used by producers and operators in the process of production, manufacturing, processing, delivery or distribution of goods, as well as production trademarks and sales trademarks.
The commodity trademark is the only trademark that applies for priority protection under the Paris Treaty for the Protection of Industrial Property;
2.Service Marks. trademarks used to mark and distinguish intangible goods, i.e. services and services;
3.Collective Marks. It is used by members of an organization in the name of a group, association, or other organization to indicate that it is a symbol of its members in their business activities.
If a collective trademark is registered with a geographical indication, the producer or operator whose goods meet the conditions for the use of the geographical indication may request the registrant registered with the geographical indication as a collective trademark to participate in the organization and be accepted as a member in accordance with the provisions of the articles of association; Where it is not necessary to join a registered organization, the geographical indication can also be used appropriately, and the organization has no right to prohibit it;
4.Certification Marks. Controlled by an organization that has the ability to detect and supervise a good or service, and used by a person other than it on a good or service to prove the origin, raw materials, manufacturing methods, quality, accuracy, or other specific quality of the goods or services.
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1. Select the content of goods or services in the main business to ensure the basic registration scope.
The purpose of trademark registration is to use it legally after registration, so the registration of the goods or services in the main business is the most basic and the most important requirement.
2. Select representative goods or services to save application costs.
Each similar group under each class in the Classification Table has a large number of goods or services, and it is simply impossible to apply for them all. This requires the selection of representative, core content of goods and services. In short, choose the content of goods or services that are "one for ten".
3. Select different similar groups of goods or services for registration to expand the scope of protection.
For many applicants in a certain industry, it is desirable to expand the scope of protection of a trademark registration as much as possible at the minimum cost. However, trademark registration applications are charged according to the class and the number of applications, and if the registered class has been selected, it is necessary to cover the entire class with as few goods and services as possible. One of the most effective ways to do this is to select the content of goods or services from different similar groups under a certain category for registration.
4. All types of registration protection.
The registration of all classes of trademarks refers to the registration and protection of trademarks in all 45 classes included in the "Classification Table of Similar Goods and Services", and the comprehensive and systematic protection of the applicant's trademarks.
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1. First, it should cover the company's existing business scope.
2. Second, it should include the business scope that the company may develop in the future.
It is necessary to consider the company's business development strategy plan in a forward-looking manner. Otherwise, when the company develops a new business and wants to continue to use the existing trademark, the trademark may have been preemptively registered on the goods involved in the new business.
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Nowadays, people have a high awareness of the protection of their intellectual property rights, so many enterprises want to register trademarks in the first time, but there are many categories of trademark registration, so how to choose?
The country has made clear regulations on the class of trademarks, that is to say, if you want to register a trademark in the clothing category, you can fill in the application form for this type of trademark when applying, and if you understand the trademark registration law or the trademark registration process, these processes are not a problem at all.
There are two main categories of trademark registration:
1.Trademarks are divided into many sub-categories, but we mainly introduce two categories to you, one is the service category, that is, what services are provided, such as education, housekeeping and other industries, external promotion, or what agreements are signed externally, can reflect your trademark.
2.There is also a large category, that is, the product category, such as our common food, clothing, handicrafts, daily necessities and other industries, when the trademark is registered, it is stupid to choose this category, many trademarks are not able to adapt to this industry, or look at the graphics for the development of how much, if you do not have your own selected case to register, the intellectual property platform can also help you.
Intellectual property rights have helped many enterprises to obtain trademark registration certificates, and will undertake a large number of this kind of work every year, and have a good grasp of the type of trademark registration, so the company can completely hand over these tasks to Bajie to solve when distinguishing trademark registration and categories, and they do not need to spend any time and energy in this regard, for an enterprise, although trademark registration is a big deal, but if you find an agency platform, then it will be a very simple thing. It's easy to get started with trademarks.
How many types of trademark registrations are there and how can they be distinguished? If the enterprise wants to buy the trademark directly, then you can also find the intellectual property platform, there are 70w+ trademark resources for you to choose on the Bajie platform, and at the same time, it is protected in the process of trademark transfer, and there will be no infringement, and the trademark time will be very fast, almost in a week or so to start using it, without waiting for the time of trademark registration, and now many companies will choose this way to obtain trademarks.
Trademark Registration Category: Trademark Resources.
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The classification of trademarks includes: commodity trademarks, service marks, collective marks, and certification marks. Among them, a collective trademark refers to a sign registered in the name of a group, association or other organization for the members of the organization to use in commercial activities and indicate membership.
A certification mark is a sign controlled by an organization that has the ability to supervise a certain good or service to prove the origin, raw materials, manufacturing method, quality or other specific qualities of the good or service.
Article 3 of the Trademark Law.
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 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.
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Trademark registration can be divided into: clothing, food, housing, transportation, medicine, use, entertainment, finance, science and technology, machinery is the main category, you can choose your large class according to your business scope, and select the small class under the large category.
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There were 45 classes of registered trademarks, which were planned for the Nice Classification and were used by almost all countries around the world, whether or not they were party to the Nice Union. Among them, 34 classes are trademarks for goods and 11 classes are trademarks for service items, which is more than 10,000 items when you count them all.
There is not much attention to applying for a trademark, as long as we fill in the relevant category, relevant goods or services when applying. It should be noted that if you are a large company, it is best to register a trademark that includes all the regular classifications, and at the same time register the relevant transliteration trademark, otherwise it will be touched.
1. Trademark classificationAccording to the classification of the Nice List, the International Classification of Trademarks has 45 classes, the first 34 of which are goods and the last 11 are services. When ordinary people apply for a trademark, they need to fill in the major class first, and then choose a sub-class from it.
As for the Nice Classification, it is mainly the development of countries around the world, which originally had their own definitions of trademarks, which obviously did not meet the requirements of the times. So everyone signed a Nice agreement together, which set out the corresponding standards. At present, countries around the world are basically using this standard, but only countries participating in the Nice Union are eligible to participate in the customization and division of the classification.
It first appeared in 1957 and came into effect in 1961, and it was not used in China until 1988.
2. Relevant precautionsFrom the current point of view, the precautions for registered trademarks are to avoid being touched by others. It's common for some large companies to register some brands, and after they are successful, they may have similar names or other classifications. Let's look at the Internet giants on the Internet, a similar name may be accompanied by a dozen transliterated names.
And when they register, they will basically include all the categories.
Of course, this is a note for large companies, and if ordinary people apply, just avoid plagiarism or similar. If you are sued, you will lose money.
3. There is another precaution for applying for a trademark in a timely manner, that is, to register a trademark in time when starting a company or product. Take a look at some things on the Internet, just a word that is popular, and someone immediately applies for registration. For example, singers' song titles and Internet hot words are popular choices for registered trademarks.
If you don't register yourself, you will be preempted by others in the end.
In addition, there is also a category of transfers. Here is a comic "One Piece", which is now also called "One Piece" in China. In fact, it was "One Piece" in the early days, and later the Daran company went bankrupt, wanting Dongli, who took over the copyright, to spend millions to buy the "One Piece" and "Luffy" trademarks, but people didn't agree.
Now what we see is "One Piece" and "Luffy". So in this regard, there are some things to pay attention to as well.
Trademark registration query can directly search the trademark query system of Biaotianxia, free trademark accurate query, trademark similarity query, trademark applicant query, trademark category query, you can also directly contact customer service, and they will help you professionally analyze how much the trademark name registration pass rate of your query is.
The trademark to be registered by themselves is designed, and then we will conduct a similar query on the trademark, no problem to prepare a copy of the license and ID card of the individual industrial and commercial household, the company will prepare a copy of the business license to submit to the Trademark Office for registration, and submit the application number the next day on the same day, because the Trademark Office can be queried after a delay of about 7 days, 1-2 months under the acceptance notice, 8 months for the examination stage, 3 months for the announcement period, and 1 month for surface mail to get the certificate, a total of about 14 months.
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