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What is Trademark Class 35?

Class 35 trademarks are service trademarks, which mainly include services provided by individuals or organizations, such as advertising, business operations, business management, office affairs and other services. They are a necessary category for service trademarks and corporate trademarks. .

A trademark is a sign used to identify and distinguish the source of goods or services. Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as a trademark . After a brand or part of a brand is registered by the relevant government departments in accordance with the law, it is called a "trademark". Trademarks are protected by law, and the registrant has exclusive rights. Well-known trademarks in the international market are often registered in many countries. There is a distinction between "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks that are protected by law after being registered with relevant government departments. Unregistered trademarks are not protected by trademark laws.

Legal Basis

"Trademark Law of the People's Republic of China"

Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, including goods Trademarks, service marks, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the administrative department for industry and commerce under the State Council. Article 8 Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including Text, graphics, letters, numbers, three-dimensional logos, color combinations, sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks. Article 10 The following signs shall not be used as trademarks:

(1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China The same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building; (2) The same name, national flag, national emblem, or military flag of a foreign country Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the government of that country;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or not easily misleading Except for the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) Same as " The names and symbols of "Red Cross" and "Red Crescent" are the same or similar;

(6) It is ethnically discriminatory;

(7) It is deceptive, It is easy for the public to misunderstand the quality and other characteristics of the goods or the place of origin;

(8) It is harmful to socialist morals or has other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.