There is an example: Company A is a manufacturer of brand A candies. It has only registered a Class 30 trademark and enjoys exclusive rights on designated goods in Class 30. Brand A candies have been sold through shopping malls. , supermarkets and other sales terminals. As the company grew bigger, Company A decided to open a direct-operated chain store. At this time, it discovered that there were already many A-brand candy stores on the market. After investigation, Company B registered the 30th place in Company A. Class trademark registered a service mark in Class 35 at the same time, and the exclusive right is for franchise business management, promotion for others, etc. Although Company B operates a number of candy chain stores with brand name A, it does not sell any candy from A in the store. Candies produced by the company. In this case, can Company A open a directly-operated chain store of Brand A?

The author thinks this is not possible. Company B can use the 35th class trademark right to prohibit Company A from opening direct chain stores of brand A. Of course, Company A can promise never to open a specialty store, or it can say that since there are currently few cases of court rulings on category 35 protection, it will open a store. So here’s the question, B has a trademark, and you can’t prohibit B from opening a candy store. B has been selling like this. If one day there is a quality problem with the candies sold in B’s candy store, how will the media report it? How big is its negative impact? By analogy, other product manufacturers need to register Class 35 trademarks, especially for the 3503 group. The risk of not registering is even greater.

For products in the 3503 group: there has always been great controversy over whether promoting for others can protect the interests of specialty stores in shopping malls and supermarkets. From the Trademark Office’s notice to the Sichuan Provincial Administration for Industry and Commerce on August 13, 2004, Reply on whether Class 35 of the International Classification includes shopping malls and supermarket services (Trademark Shenzi [2004] No. 171) to the Trademark Office for the eighth edition of the Classification Table of Similar Goods and Services starting from January 1, 2007 The revised version has made corresponding additions and deletions to the original categories and items, and the ninth edition of the Nice Classification has been officially used. Up to now, we have not seen the notes in the tenth edition that clearly state that this category is used. Protect shopping malls and supermarket stores. At present, more than 60 countries around the world have included the "shopping mall and supermarket" logo into the 35th category of the classification table, and it has become a global trend. I believe that in the near future, China will also join this ranks and regulate the 35th category of trademarks. The protection will be clearer. Since there is no clear explanation now, and there is no better protection for the goods or services in shopping malls, supermarkets and specialty stores, is there no need to register?

In fact, there are currently a large number of applications for product registration in category 35, and most of them occupy category 35 first for safety reasons. With less cost, occupying the market first is the best option. Just imagine if a trademark in this category is registered by someone else first, how much will you lose? How much energy will be spent on resolving subsequent legal issues? If someone else registers a Class 35 trademark at the same time or earlier than you, how sure are you of invalidating his trademark? Therefore, the author believes that it is necessary for most companies to register Class 35 trademarks.