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How important is the all-category protection of trademarks to enterprises?

Abstract: The professionalism and complexity of trademark registration are not only reflected in the trademark registration process, but also the category selection of trademarks is an important link in trademark application. Some people may say, isn't the choice of trademark category just the registration of which kind of trademark is produced and provided?

the professionalism and complexity of trademark registration are not only reflected in the registration process of trademarks, but also the category selection of trademarks is an important link in trademark application. Some people may say, isn't the choice of trademark category just the registration of which kind of trademark is produced and provided? Next, let me from Shenzhen Rare Intellectual Property Service Co., Ltd. give you a brief introduction.

Baidu, as a big-name enterprise on the Internet, is a household name, however, in the category protection of trademarks, Baidu almost made a choice of categories. As we all know, there are 45 categories of trademark registration. In the early years, a company producing condoms successfully registered the "Baidu" trademark on the 1th category of "medical devices" and used it in its products, which had a great negative impact on Baidu. Although Baidu finally won through several lawsuits, it caused far-reaching brand losses to Baidu.

first, all-class protection, to protect the brand

The phenomenon of Baidu being "next to famous brands" mentioned above involves many kinds of all-class protection in trademark application.

Imagine if Mengniu and Wahaha only registered their trademarks in one category, and someone registered them in the pesticide category for the sake of "being next to famous brands". What would consumers think? Suppose "Haier" is only registered in the category of household appliances and washing machines, will we still see Haier cement, Haier feed, Haier leather shoes and other industries now?

it can be seen that it is very necessary to carry out multi-category and all-category protection for brands that have established their popularity and reputation. Many well-known enterprises have a high awareness of brand protection, not only registering all kinds of trademarks, but also applying for many defensive trademarks to prevent infringement. For example, Wahaha Group has also registered trademarks such as "Ha Ha Wa" and "Wa Ha Wa".

for enterprises that have just established their brands, it is even more necessary to classify and lay out their trademarks in advance, because with the development of enterprises, the scope of production and operation may be extended to industries or commodities that have not been planned before, so as to better prepare for the future expansion of business scope.

China's Trademark Law stipulates: "The exclusive right to use a registered trademark is limited to the registered trademark and the goods approved for use." This shows that the protection of registered trademarks is limited. If registered only in the corresponding category, it will not be protected in the other 45 categories (except for well-known trademarks). Only by registering all categories can trademarks have exclusive rights in various fields.

I think that the protection of all kinds of registered trademarks is actually the most complete, and the applicant specifies all kinds of goods and services when registering trademarks, so that their trademarks are protected in all categories. When others register the same or similar trademarks in other categories, the Trademark Office will directly reject such registration applications based on the principle of prior application, effectively avoiding the embarrassing incident of "Baidu" condom.

that's me from Shenzhen rare intellectual property service co., ltd. I'll share the content with you. I hope it will help you.