Health food trademarks belong to the fifth category of trademarks.
1. Definition and characteristics of health food
Health food refers to food that claims to have specific health functions or is for the purpose of supplementing vitamins and minerals, that is, it is suitable for consumption by specific groups of people. Foods that regulate body functions, are not intended to treat diseases, and do not cause any acute, subacute or chronic harm to the human body. Since health food has specific health functions, its trademark registration needs to comply with relevant regulatory requirements.
2. Classification of health food trademarks
According to the provisions of the "Trademark Law" and the "Classification Table of Similar Goods and Services", health food trademarks belong to the fifth category of trademarks. The fifth category of trademarks mainly covers goods and services related to medicine, health, nutrition, etc., including drugs, medical and veterinary preparations, medical nutrition products, baby food, human dietary supplements, etc. Therefore, as food with specific health functions, it is appropriate for health food trademarks to be registered in the fifth category of trademarks.
3. The importance of health food trademark registration
The registration of health food trademarks is of great significance for protecting consumer rights and maintaining market order. On the one hand, trademark registration can ensure the legality and standardization of health foods and prevent the emergence of counterfeit and shoddy products; on the other hand, trademark registration can also help companies establish their brand image and enhance market competitiveness.
IV. Things to note when registering health food trademarks
When applying for health food trademark registration, you need to pay attention to the following points: First, make sure that the selected trademark is unique and distinctive , to avoid conflicts with existing trademarks; secondly, you must fully understand relevant laws, regulations and review standards to ensure the compliance of trademark registration; finally, you must choose an appropriate trademark registration institution or agency to ensure the smooth progress of the trademark registration process.
In summary:
Health food trademarks belong to the fifth category of trademarks, covering goods and services related to medicine, health, nutrition, etc. The registration of health food trademarks is of great significance for protecting consumer rights and maintaining market order. When applying for health food trademark registration, you need to pay attention to the uniqueness and distinctiveness of the trademark, as well as the requirements of relevant laws, regulations and examination standards.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 5 stipulates:
More than two Natural persons, legal persons or other organizations may apply to the Trademark Office to register the same trademark at the same time and enjoy and exercise the exclusive right to use the trademark together.
"Trademark Law of the People's Republic of China"
Article 10 stipulates:
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, as well as the name, logo, or specific location of the central state agency The name or the name or graphics of the landmark building are the same;
(2) The name, national flag, national emblem, military flag, etc. of a foreign country are the same or similar, 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 if it is not likely to mislead the public;
(4) With The official signs and inspection marks indicating the implementation of control and guarantee are the same or similar, except those authorized; (5) The names and signs are the same as the "Red Cross" or "Red Crescent" or Approximate;
(6) Ethnically discriminatory;
(7) Deceptive and likely to cause the public to misunderstand the quality and other characteristics of the goods or the place of origin. ;
(8) Harmful to socialist morals or have other adverse effects.