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The most overlooked category protection during the trademark registration process

With the State Council canceling the administrative review and approval of trademark agent qualifications, the threshold for trademark agency practitioners has been lowered, and the professional level of practitioners is also uneven, so much so that there have been "trademark agents" mentioned in the Industrial and Commercial News A rather mixed situation has emerged in the industry: Vicious competition phenomena emerge one after another, unscrupulous practices, issuance of false legal documents, defrauding clients of money, violations of the principle of good faith often occur, and malicious applications, objections, transfers and other behaviors are common

In this case, it was also mentioned at the time that the disclosure of basic information, business processing information, and reward and punishment information of trademark agents and agencies could help reduce the client’s application registration costs and promote the survival of the fittest in the entire trademark agency industry. . This move prompted trademark agencies to improve their services to trademark applicants. Given the uneven professionalism of practitioners, it is inevitable that the advice provided to trademark applicants is inadequate, which will naturally bring certain losses to trademark applicants. In response to this current situation, today Trademark Circle will take you to analyze the categories that are most easily ignored.

Let's analyze it carefully through the case of "If You Are the One":

The reason behind the name change of If You Are the One

The program format of Jiangsu Satellite TV's "If You Are the One" column Judging from the expression form, it belongs to "TV entertainment program". Entertainment programs are classified in the trademark classification and belong to Class 41. On the surface, it seems that the "TV entertainment program" registered in Class 41 has reached protection. Of course, the column group has been registered in Category 41 and was approved for registration in 2010.

In 2013, Jin Ahuan, a young man born in the 1980s, sued his "If You Are the One" trademark infringement. The court ruled that Jiangsu Radio and Television Station should immediately stop the "If You Are the One" trademark infringement and stop using the "If You Are the One" column name after the judgment takes effect. The category Jin Ah Huan registered is Category 45: "Dating and Marriage". At this time, everyone will understand that the "If You Are the One" column indicates that it is a TV entertainment program. In fact, it also provides "dating services" in the process of TV entertainment programs.

When such a situation occurs, it should not be that the column team cannot afford the trademark fee and registers a Class 45 trademark. The editor can only speculate that they met an unprofessional trademark agent and did not inform the column. The necessity of grouping Category 45! As a result, this category was ignored, and the real reason is unknown.

Compared with If You Are the One, Didi Dache is an example in terms of multi-category protection: Didi Dache? Multi-category protection

The name of the software developed by Xiaoju Technology is? Didi Taxi? On the surface, this is just a software (Category 9). In fact, the four words "Didi Taxi" are not only used to protect the name of the software, but also provide network services (Category 42), instant messaging between drivers and passengers (Category 38), and services between drivers and passengers. Providing a buying and selling market (Category 35), providing payment services during payment (Category 36), transportation (Category 39), etc. Fortunately, Xiaoju Technology has applied for registration, otherwise, it may exist among them someday. One of the services has been accused of infringement.

The editor believes that in addition to registering their own business products, applicants must not ignore the services provided by the products themselves. Those who operate Internet platforms must not ignore the services provided by Internet platforms. Whether the services you provide are industrial or agricultural, whether you provide buying and selling services, consulting services, education or entertainment, etc., you must register for the services involved in the platform.