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How to choose the category for trademark registration based on products and services?

Trademark is a mark that distinguishes the source of goods or services. It represents the image of a company and is very important to the company. When we apply for a trademark, only by correctly selecting goods or services can we comprehensively and fully safeguard our trademark exclusive rights.

Currently we are using the 2012 new version of the "Classification Table of Similar Goods and Services". This book is divided into 45 categories, of which 34 categories from Category 1 to Category 34 belong to commodity trademarks, and 11 categories from Category 35 to Category 45 belong to Service marks.

How to choose the category for trademark registration

Trademark registration requires selecting the category of goods or services in accordance with the "Classification Table of Similar Goods and Services". When registering a trademark, the applicant determines which categories should be selected for registration based on its main business. This is very important, as it is related to the future development of the enterprise.

(1) Determine the classification of goods or services

1. Under normal circumstances, the applicant selects a large product based on its main products on the "Classification Table of Similar Goods and Services" category. For example, the applicant's main products are coats, shoes, and wallets. Then based on the contents of the classification table, we can quickly determine that coats and shoes belong to category 25. The wallet belongs to category 18.

2. With the current development of science and technology and the continuous changes of the market, emerging products are emerging in endlessly. Some new products, new services, or product and service names are not standardized or specific, and even the corresponding classification cannot be found in the classification table. This makes it very difficult for us to determine the category of goods or services. In cases like these, You need to have rich classification experience and relevant knowledge, as well as a full grasp and understanding of products and services to determine the category. Let’s analyze the principles for selecting goods and services:

(1) Raw materials, unprocessed products or semi-finished products are in principle classified according to their raw materials.

(2) When finished products or semi-finished products are classified according to their raw materials, if they are made of several different raw materials, they shall in principle be classified according to their main raw materials.

(3) In principle, finished products are classified according to their functions and uses. They can also be classified according to the materials of these finished products or their operation methods.

(4) Multi-functional combination products can be divided into different categories according to the functions or uses of each component of the product.

(5) Commodities form a certain part of other commodities and are in principle classified into the same category as other commodities. However, such similar products cannot be used for other purposes under normal circumstances.

The principles for selecting product and service categories are what we apply when we cannot find a suitable product or service in the "Classification Table of Similar Goods and Services". It can help us classify products and services well.

3. Some emerging industries cannot be fully included in one category, and the category collapses. Such as: e-commerce industry. This is a product of the development of the Internet. Currently, it is the most popular in the market and the most concerned by merchants. If we want to comprehensively protect trademarks in this industry, generally speaking, we need to register four categories:

(1) Category 42: Group 4220, computer programming and related services.

(2)35 categories. Ad Category.

(3)38 categories. 3802 group, communication service.

(4)39 categories. Transportation and logistics services.

The e-commerce industry must register in these four categories, each of which is indispensable, in order to achieve comprehensive protection. There are many cases of cross-category trademark registration like this, another example is: home appliance industry. You need to register in multiple categories to protect your trademark rights. In situations such as the e-commerce industry and the home appliance industry, special attention needs to be paid. If the category is selected improperly, the protection of the trademark will not be sufficient, and thus it will be impossible to fully protect one's trademark rights.

(2) Pay attention to the present and look forward to the future

1. Pay attention to the present and protect the trademarks of existing products.

In the early days of a company's establishment, registering a trademark is based on budget and cost. The first step is to protect the main products that you operate. This is a step to open up the market. There are even some markets where applying for a trademark is a prerequisite and a trademark must be registered. If a trademark is not applied for, operators will not be allowed to enter the market.

For example: Taobao Mall.

The protection of exclusive rights to trademarks is only reflected in the approved registered trademarks and approved products. According to the trademark application guide, trademark registration fees are charged per mark and category, and one major category counts as one application. You can select less than 10 (including 10) goods or services for each category. If the number exceeds 10, the trademark application fee for one additional product will be charged. Under normal circumstances, companies choose product categories based on their main business. to save costs.

Based on the characteristics of my country’s current “Classification Table of Similar Goods and Services”, it is truly intended to save trademark applicants some trademark registration costs and to provide registered trademarks with comprehensive protection. Let me introduce to you some tips for selecting these small products and services:

(1) Choose a product name with a relatively large scope. For example, "hairpins" in group 2601 in category 26. In this group, there are other product names about hairpins: hairpins (hairpins), curling hairpins, strip hairpins (hairpins) , these are collectively called hairpins, so the first thing we choose is hairpins. After selecting a relatively large range of product items, we can then select a smaller range of product items based on the main business products, so as to achieve the lowest cost. Achieve maximum protection effect.

(2) If there is no exact small product name in the "Classification Table of Similar Goods and Services", we can choose product items with similar functions to the products we operate, or choose products that are similar to the products we operate. The main component of the project is to protect the trademark rights of products.

2. Look to the future and plan for the future trademark market.

After a company registers a trademark on its main product, it completes the first step of trademark protection, which is the most basic step.

In addition to registering the company's own main products, if it is still considering whether to produce or operate other related products, without specific implementation, just to expand the scope of trademark registration protection, we will You can register in advance in the relevant categories. In order to save costs, you can choose a small product item in each group (for example: 26 categories. The 26 categories are divided into 10 small groups, and select a product to register in each group. Just cover 10 product items, and this selection will protect all 26 categories. If a third party wants to register the same or similar trademark in category 26, it will not be registered.) If the products produced by the company in the future are not registered, they can supplement the registration, and there is no need to worry about unsuccessful trademark registration or third party infringement.

In order to protect your trademark rights more comprehensively, you should consider registering trademarks in categories similar to the company's main products or in different categories in the same industry.

(1) Apply for a trademark in a category similar to the company’s main products. For example: Category 32 and Category 33 are both wine. Class 32 is for non-alcoholic beverages and Class 33 is for alcoholic beverages. If you simply register for Class 33, once the product enters the market, it is likely that the same trademark as the registered trademark in Class 33 will appear in Class 32. This will be a huge loss for the company, because it is very difficult to cancel the trademark through trademark disputes or trademark objections in different categories. Moreover, similar product items like this can easily confuse consumers about the source of the product.

(2) Register trademarks in different categories in the same industry. For example: the home appliance industry. The home appliance industry is one of the largest industries in my country. According to different types of home appliances, they are divided into different categories in the "Classification Table of Similar Goods and Services". For example: electric water heaters, freezers, etc. are in Category 11, washing machines are in Category 7, CD players, and TV cameras are in Category 9. Registering trademarks in different categories in the same industry is a means of comprehensive trademark protection.

(3) The significance of full-class registration of trademarks

Full-class registration is an important defense strategy designed for excellent trademarks. This strategy involves using the same trademark on completely different types of products or industries to prevent others from using your company's trademark on different products or industries. Because there are certain restrictions on the categories of goods or services that can be used with the same trademark, when products or services cross industries or categories, they must be registered separately for the purpose of protection.

The necessity of registering all types of trademarks:

1. It is conducive to brand fame and the development and growth of the company.

If DELONG registers all categories, consumers will be able to confirm that it is their company's brand as soon as they see DELONG and its symbolic logo.

2. Throughout the experience of the growth of major brands in the world, in order to build a well-known brand and operate a good brand, you must first register your own trademarks for all categories. Such as: Mengniu Group, Geely Group, Wahaha, Coca-Cola, Liqun, Carrefour, Haier?

3. If you don’t apply for registered trademarks in all categories, others will not only rush to register them in various categories and industries Your brand, and each "DELONG" brand of clothing; "DELONG" toy companies will rise.

4. Some companies think that they are currently small in scale and brand awareness is not high, so they will not consider all-category registration. However, once the company's brand has become stronger and bigger, they will want to go back to all-category registration. When registering, I found that my brand had been registered by others in various industries. It’s too late to regret it at this time!

5. Group companies, famous brands, listed companies, and industrial companies often have a good reputation. With the development of society, they often make diversified investments and engage in different industries. development. If these companies do not register all categories, others will immediately think of registering your brand in other categories in order to take advantage of the company's reputation, take advantage of you, and take advantage of you.

6. The company name and company abbreviation directly represent the image of the company. It is absolutely correct that the trademark and font size are consistent. But registration for all categories is the first choice.

7. After registering all trademarks, it not only improves the recognition ability of your company in the same industry, but also improves the status of the company's brand.

8. The development of a company is often unpredictable in the long term. Some companies start with a single development direction and a single product. However, once a company grows or develops to a certain stage, it is likely to use its own brand effect to diversify investment and development. At this time, registered trademarks of all categories become even more important.

9. The National Trademark Office strongly encourages all units to register trademarks of all categories, and will appropriately relax conditions during review and provide appropriate enhanced protection. All registered trademarks will be given priority when participating in the evaluation of nationally well-known trademarks and local famous trademarks.

3. The significance of commodity classification

With the development of science and technology, people's living standards are constantly improving, and there are also a wide variety of products in demand. The main significance of classifying all commodities is:

1. Commodity classification is helpful for understanding the characteristics of commodities.

2. Starting from the habits that are conducive to commodity production, sales, and business operations, we should maximize the convenience of consumers, improve customer satisfaction with products, and increase the economic benefits of the enterprise.

3. Commodity classification helps to carry out teaching and scientific research on commodities, improves product quality testing and management to a higher level, and ensures the safety of consumers' lives and property.

4. Commodity classification is the prerequisite for the implementation of modern management. It is conducive to improving the level of enterprise operation and management, helping the enterprise's commercial operation and management, and improving the company's overall efficiency and product and service quality.

Article 11 of the "Trademark Law" stipulates: The exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use. Therefore, when an enterprise chooses a trademark registration classification, it should stand at a strategic level, take every detail very seriously, and consider it carefully to lay a solid foundation for the enterprise's future production and operation. In this way, we can avoid unnecessary troubles caused by improper trademark registration in the business process and avoid worries.