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Can Class 38 trademarks be used in Class 9?

No.

Trademark classifications are established based on different goods and services, and each category has a specific scope of goods and services. The scope of protection of a trademark is usually limited to the category for which it is registered, that is, a trademark registered under a certain category can only be used on related goods or services of that category. Class 8 trademarks cannot be used on Class 9 goods. This is to protect the exclusive rights of the trademark and the rights and interests of consumers.