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How to choose small categories for trademark registration

Selecting accurate and appropriate items of goods/services is an important help in successfully registering a trademark as quickly as possible, and is also a prerequisite for obtaining as full protection as possible.

1. Never choose a core category by mistake, nor neglect peripheral categories that are closely related to your own business

The consequences of choosing the wrong core category are extremely dire, and ignoring peripheral categories Categories will cause serious obstacles to business expansion in the future. The lucky applicants closed the loopholes in time, while the less lucky ones fell into a "protracted" battle, or were accused of trademark infringement by others and fell into a passive and embarrassing situation.

2. Accurately grasp the method of judging similar goods and services, and do not miss related categories and related groups

Between different categories of goods/services (also commonly known as small items) In principle, they are not similar, and goods/services in different similar groups are also not similar in principle. However, if there are principles, there will be exceptions.

First, cross-class protection is usually a special treatment that only well-known trademarks can enjoy. However, you need to be wary of cross-searching some items in some categories with some items in another category; in other words, they are actually similar.

Second, in principle, small items in different groups under the same category are not similar. However: cross-searching is conducted between certain groups; a certain small item in a certain group is similar to all or part of the small items in another or several groups, so cross-searching is performed.

Third, in principle, each group is a separate collection of small items; however, some groups are divided into multiple parts or paragraphs, and the small items between these parts or paragraphs Items are not similar!

Fourth, therefore, not all items of goods/services in the same group are similar; similarly, items that are not in a similar group may not all be similar. Items of goods/services may not necessarily be dissimilar. There are exceptions to everything, and such exceptions are very common in distinction tables. If you don't study the distinction table carefully, it is difficult to find and easy to miss.

3. Don’t choose product/service items that are too broad in scope: Tailor-made items

Most groups will have many items, and each item has a name. Different, but there are rules to follow: there is always a concept with the largest or larger extension. For example, "cosmetics" in group 0306 of category 3, "data processing equipment" and "computer programs (downloadable software)" in group 0901 of category 9, "paper" in group 1601 of category 16, "Office necessities other than furniture" in category 1611 group, "Clothing" in category 25 group 2501, "Business management aids" and "Business management aids" in category 35 group 3502. For this kind of group, selecting the largest or larger sub-item is usually enough to cover this group, and there is no need to select additional sub-items from this group.