Only when an enterprise applies for a trademark and adheres to the four-character motto of "early", "quickly", "accurately" and "completely", can the company's subsequent operations be worry-free.
In the modern business environment, the importance of trademark registration is self-evident. More and more companies realize the necessity of registering trademarks early and quickly. The word "Early" indicates that trademark registration must precede commercial action; the word "Quick" represents the speed of action. Once you think of it, you must act immediately, otherwise you will miss your favorite trademark in a matter of seconds. It is important to be early and fast, but if we cannot be accurate and complete on the basis of early and fast, the advantages of early and fast will often be lost. Even after spending a lot of money and energy, companies still fall into a very passive position.
Especially under the impact of big data and the Internet of Things, all walks of life have become inseparable from e-commerce through the Internet. The boundaries between online and offline, products and services seem to be increasingly blurred. The lack of clarity poses a greater challenge for enterprises to accurately and comprehensively select categories of goods and services.
According to trademark registration and judicial practice, a trademark registrant only has the exclusive right to use the trademark within the scope of goods and services similar to the goods or services for which it is approved to be registered. In order to clarify the scope of protection, international practice usually divides the goods and services that can be registered as trademarks into 45 categories and compiles the "Classification Table of Similar Goods and Services" (referred to as the Commodity Classification Table); each category is divided into different groups. The paragraphs are then divided into paragraphs, and the paragraphs are ultimately composed of the same or similar goods or services. Accurately and comprehensively selecting product or service categories has different requirements for different companies. This article will start from the perspective of the e-commerce environment and give a preliminary analysis of some issues that companies should pay attention to when selecting trademark categories.
Full-category application type
Full-category application, as the name suggests, selects all 45 categories of goods and services, and applies for trademarks that are fictitious, original or otherwise not registered or used by others. Preemptive possession obtains the exclusive effect on all goods and services against any latecomers, thus providing comprehensive protection for corporate trademarks. There are usually two ways to apply for all categories:
The first is to choose to register all goods and services in 45 categories. This method involves all goods and services in the classification table, and applies for registration without distinction; the advantage is that the scope of protection is foolproof, and it is done once and for all, and there is no need to make multiple supplementary applications after the company's business expands. However, based on the calculation of ten product items in one category of one trademark, there are tens of thousands of product items in the classification table, which involves a large amount of application fees. This method can be said to be reserved for wealthy people and those with deep pockets.
The second type is a comprehensive selection of key protected categories of goods and defensive registration of other categories and groups. Specifically, it is to select goods or services as comprehensively as possible in the key categories and key groups involved in the enterprise. On this basis, in other categories and groups such as: upstream and downstream product categories, service (product) categories corresponding to products (services), product categories usually sold together, product categories used together in daily life production, etc., in the above The rules for selecting one product or service item from each different or similar group or paragraph in the category are used to select the items to apply for registration. The advantage of this approach is that through the preemption of one product or service by each different and dissimilar group, it can gain repulsion from the subsequent registration of all products or services in that group, while at the same time spending a small economic cost. , according to the author’s experience, this type of registration only costs tens of thousands of yuan per logo. During the subsequent development and growth of the enterprise, additional registrations will be made in the categories and groups involved according to actual needs.
Of course, all types of applications also have their own shortcomings. First of all, judging from the current domestic trademark application situation, there are more than 2 million trademark applications every year and nearly 10 million trademarks in stock, making it possible for a trademark logo to be registered on all goods and services. Sex is minimal.
Secondly, due to the prevalence of squatting in China, the current judicial environment is weak in protecting unused trademarks that do not have stable identification. For example, the new Trademark Law stipulates that for trademarks that do not provide evidence of use within three years before prosecution, infringement compensation The request cannot be supported. Furthermore, the Trademark Law has a three-year non-use cancellation system. For a trademark that has not been used for three years after registration and there is no reasonable reason for non-use, anyone can apply to cancel the trademark. Therefore, full-type registration not only has higher registration and maintenance costs, but it is also not a one-and-done solution.
Main category Internet-related categories
As mentioned above, in the Internet era, corporate products and services are increasingly relying on website platforms, web applications, mobile APPs, etc. Internet tools are available to consumers. In this case, the products and services provided by the enterprise themselves are often overshadowed by the Internet tools that serve as platforms and carriers for providing products and services. In this case, the choice of trademark category is very prone to disputes.
The most typical case is the "Didi Taxi" case. "Didi Taxi" is a typical "passenger transport service" provided with the help of Internet tools and belongs to Category 38. However, consumers enjoy this passenger transport service. The premise is to download the Didi Taxi APP and realize communication between passengers and drivers through instant messaging technology; under the surface of these Internet tools, Xiaoju Company was sued by a third party for trademark infringement. The basis for the lawsuit was first No. 9 category computer software products, followed by Category 35 for providing online business information, and Category 38 for providing instant messaging services. Although the first-instance judgment determined that "Didi Taxi" belongs to the 38th category of transportation services, on the one hand, the case has not been finalized; on the other hand, even if the case is won, the price paid by the company will be huge. In the end, Didi Taxi was forced to change its name, causing great losses and inconvenience.
Although it is the general trend to distinguish Internet tools from actual service content and restore the essence of services, this type of disputes will still exist for a long time. In order to avoid unnecessary disputes similar to the "Didi Taxi" case, judging from the current domestic registration practice, in the e-commerce environment, the choice of corporate trademark categories usually adopts the method of "main category Internet-related categories".
Internet-related categories typically involve Class 9, Computers and Computer Software Products, Class 38, Data and Communications Services, Class 42, Computer Programming and Related Services, and Class 35, Through Websites. Providing business information, providing an online marketplace for buyers and sellers of goods and services, etc.?.
The main business category is determined based on the actual commercial needs of the enterprise's operation. For example: large-scale online sales platform e-commerce usually involves Category 35? Online provision of business information for buyers and sellers of goods and services. Online markets, etc.; In addition, if it involves self-operated products, it may also involve Category 38 warehousing, transportation, express delivery and other services; at present, large e-commerce platforms usually also involve their own payment platform services, that is, Category 36 Payment and other financial services.
Before the troops are launched, the company's trademark application is a complete system project, and the application for registration is the first step before the troops are launched. The only way is to do it "early" and "quickly". With the four-character motto of "Accuracy" and "Perfectness", the company can rest assured in its subsequent operations.