In the trademark world, Class 35 trademarks must be regarded as a special existence. Some people say that it is a "universal trademark", others say that "if you don't register it once, you will regret it for a lifetime", and some people say that it is nothing more than a universal trademark. It's a conspiracy by the agency to steal money. So what kind of "defying" existence is Class 35?
Class 35 trademarks are service marks, including product trademarks in advertising, marketing, import and export agency, commercial activities, etc. in the market.
In 2014, during JD.com’s Double Eleven media communication meeting, “Alibaba asked the media to block JD.com’s advertising on the grounds that JD.com’s advertising slogan used the word “Double Eleven”, and “Double Eleven” It is a registered trademark of Alibaba, which means that in the field of "advertising" included in the 35 categories of trademarks, other companies will not have the right to use the words "Double Eleven" and similar "Double Eleven" without Ali's permission. Publicity. JD also applied to register trademarks such as "JD Double Eleven" and "JD Double Eleven", obviously to be prepared.
In November 2016, "Toutiao" was involved in trademark infringement. An advertising company was sued to court and almost received a compensation of 100 million yuan. The reason was because of the Class 35 trademark. Any brand circulating in the market must register a Class 35 trademark, and Class 35 is a corporate signboard. A very necessary category!
Last month, Tmall made changes to the qualifications for flagship stores to enter the platform. The newly added qualification details show that the qualification conditions have changed from the original "the trademark must be R or TM status, you must submit a copy of the trademark registration certificate before you can open a store on Tmall" has been upgraded to "The company opening a store must be the trademark owner or its affiliated company of 35 types of service type trademarks", and it has come into effect on September 11 .
Recently, the "collective death" incident of beauty and cosmetics public accounts has caused an uproar. The reason is also that a company in Zhengzhou, the holder of the 35th category of beauty and cosmetics trademarks, believed that multiple public accounts infringed on its trademark rights and took action against them. They made a collective complaint.
If you registered a Category 43 catering service trademark of "Class A", and "Class A" is very famous, but you did not register the trademark of Category 35, I registered it. , then I can open a supermarket, store, or other company or store that sells products for others, and the name will be "Class A". If I don't sell "Class A" products, I will sell other products. There is no way you can stop me. , then everyone will buy my products because of the popularity you create.
Companies that sell goods in retail, wholesale and other industries cannot ignore the registration of Class 35 trademarks. If a product needs to be promoted and sold in the market, it is necessary to register a trademark in this category first! Of course, if you only register this trademark on the product and do not register it in category 35, it can still be sold; however, if someone else takes the lead in the category 35 in the future, If you register a trademark that is the same as the product, then others have the right to request that the trademark of this product stop promoting and selling, and the trademarked products be removed from the shelves!
E-commerce, like traditional commerce, sells products produced by other companies. The core category is Category 35: Promoting for others. Therefore, Category 35 is a major category that all e-commerce and e-sales platforms must register. Otherwise, there will be a risk of infringement or infringement, resulting in unnecessary economic losses and negative impact on the brand. . As for the rumors that all companies must register Class 35 trademarks, don’t believe it. You need to base your opinions on the actual situation of the company.