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Do I need to reapply if my trademark is upgraded to a small category?

The registered trademark should be used according to the approved registration scope. What should I do if it is applied to other categories, other products or services? Should I directly apply for the upgrade type or reapply?

1. To add a small trademark type, you can only re-apply and cannot directly change the original registered trademark.

According to the provisions of the "Trademark Law", Article 37 of the "Trademark Law" stipulates: "The exclusive authority of a registered trademark shall be limited to registered trademarks and products that have been approved for use." The trademark registrant is using the registered trademark. During the process, if the registered trademark, registrant's name, address or other registration matters should be independently changed, the local industrial and commercial administrative department shall order correction within a time limit; if the correction is not made within the time limit, the Trademark Office shall cancel the registered trademark. Therefore, applicants are not allowed to arbitrarily change the trademark sample or the approved scope of the trademark used.

If you need to change the trademark sample, or add types and items, you need to re-register the trademark.

2. The harm of arbitrarily changing the trademark sample and approved use scope:

1. The risk of the trademark being revoked

The registered trademark has been approved for use for three consecutive years If the common name of a product is not used without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark.

As a result, many competitors seized this opportunity to revoke their trademarks, and the actual use of the trademark was non-compliant, resulting in unselectable evidence of use, resulting in the trademark being revoked.

2. Causing consumer confusion

If the registered trademark is inconsistent with the applied trademark in actual use, the logo of the registered trademark cannot be marked, making it easy for customers to confuse and think it is "imitation" The brand then loses its audience.

3. Name, well-known and well-known trademarks cannot be recognized

The prerequisite for determining a name trademark is to ensure that it is consistent with the shape at the time of trademark application. If the registered trademark changes during this process, even if it meets other conditions for recognition of a name trademark, it will not be recognized.

Therefore, in order to avoid this situation from happening, applicants must clearly consider the trademark category and small items before registering a trademark, otherwise they can only register again.