What are the new regulations on trademark classification in China? If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law.
1. What are the rules for trademark classification in China?
1. If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law.
2. The International Classification of Goods and Services for Trademark Registration has 45 categories, including 34 categories of goods and 11 categories of services.
3. Designate trademarks used in commodities as commodity trademarks and trademarks used in services as service trademarks.
4. Foreign enterprises can register trademarks in China, but they must entrust a trademark agency.
5. Legal basis: Article 18 of the Trademark Law states, "Foreigners and foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization recognized by the state with the qualification of trademark agency."
However, it should be noted that if foreigners and foreign enterprises have their habitual residence and business premises in China, they can apply for trademarks by themselves without entrusting an agency.
2. Who can apply for trademark registration?
1. restrictions on natural persons
natural persons can apply for registered trademarks, and there are no restrictions in the Trademark Law, but in real life, it is not so easy for individuals to register trademarks.
a natural person must hold the business license of individual industrial and commercial households or rural contracted households, or the registration documents issued by other administrative organs to approve the production and operation, and at the same time, it is required that the designated goods for which the trademark is applied shall not exceed the business scope specified in the registration certificate, or be limited to self-operated agricultural and sideline products.
2. Legal persons and other organizations
Legal persons are not natural persons, mainly referring to various enterprises, institutions and institutions with legal person qualifications. The legal representative is the natural person (such as the president). Other organizations mainly refer to organizations without legal personality but with certain property and organization, including partnerships, social organizations, branches of legal persons, Chinese-foreign joint ventures, and some township, street and village-run enterprises.
3. judging whether an enterprise has the legal person qualification can be distinguished from the business license. there are two kinds of business licenses issued by the industrial and commercial bureau: the business license for enterprise legal person and the business license.
the former is a legal document to obtain the qualification of an enterprise as a legal person, such as licenses issued by limited liability companies and joint stock limited companies.
the latter is the proof of the legal management right, and it does not have the legal person qualification, such as the license issued by a sole proprietorship enterprise and a partnership enterprise.
That's all. What are the new rules for trademark classification in China? Related content of. If you want to register or apply for a trademark, please consult a professional intellectual property consultant. China trademark registration trademark registration application