A restaurant refers to a facility or public restaurant that provides food, drinks and other catering to the general public in a certain place. Restaurant is now mostly used to describe a place where people eat out. How can I choose the category my restaurant trademark belongs to?

According to the query in the Bajie Intellectual Property Trademark Encyclopedia, we can know that the category of the restaurant trademark belongs to Class 43 - 4301 - providing catering and accommodation services - cafeteria 430025, restaurant 430027, etc. Restaurants are often located in busy areas. Of course, they will also be located where there is a flow of people and chain store stores, making it convenient for shopping and eating.

According to the provisions of the Trademark Law, companies must abide by the rules when using trademarks. Incorrect use will cause their own companies to be affected, and even need to bear corresponding criminal liability.

①The subject using the trademark is illegal. When an enterprise changes its name or other information such as relocation, the trademark owner has changed accordingly, but it has not gone to the Trademark Office to handle the trademark change. If the enterprise has not changed, but the name of the trademark registrant has been changed, corresponding changes should be made, otherwise it will be illegal.

If you transfer a trademark to another person and use it in the name of another person, the transfer has not actually been approved by the Trademark Office, and there is no legal change. In addition, when a trademark is licensed to others, the licensee uses it improperly.

②The trademark used is not standardized. Changing the text, graphics, etc. of a trademark on your own but still using it in the name of a registered trademark is an irregular use of the trademark and will result in a penalty at the least, or constitutes infringement and criminal liability at the worst. When the trademark registration expires, the registrant fails to apply for trademark renewal in accordance with regulations, but is still using the registered trademark.

In advertising, trademarks are used improperly, such as using other people’s trademarks in promotional slogans to increase the visibility of one’s own trademark. The use of combined trademarks is not standardized. Once the trademarks are used in combination, they must be used in the same shape as when registered, and no splitting or combination is allowed.

③The trademarked goods or services used are illegal, which specifically refers to exceeding the scope of goods or services approved for registration by the Trademark Office; or the service trademark is used improperly; or the existing trademark is used improperly; and Changing the approved name of goods or services without authorization. So what should you do if your trademark is not used in a standardized manner?

The main method of administrative treatment is that if someone else's trademark is infringed due to irregular use, the parties concerned can mediate among themselves. If consensus cannot be reached, the trademark owner can file a complaint to the administrative agency and request for compensation for the infringement. The case is processed. Judicial handling method: For infringement caused by irregular use of trademarks, the victim can directly file a lawsuit in the People's Court.