Why is it recommended that you register for "Class 35"?
Class 35 trademarks are service marks, including advertising, business operations, business management, office affairs and other services provided by individuals or organizations, specifically including the following groups:
【3501】Advertising
【3502】Auxiliary business of business administration
【3503】Promote for others
【3504】Personnel Management Auxiliary Industry
【3505】Commercial enterprise migration
【3506】Office affairs
【3507】Accounting
【3508】Single service
【3509】Medicines, medical supplies or wholesale services
Based on the literal meaning of the above groupings, we can briefly and roughly summarize first which types or empirical enterprises should register the 35th category of trademarks:
1. Cultural and creative services such as advertising companies, planning companies, and design companies.
The registered core product content is: outdoor advertising 350003, advertising design C350001, advertising planning C350002, advertising campaign 35039, advertising draft 35099, advertising agency 35047, etc.
2. Sales and transaction services for import and export trading companies, e-commerce, etc.
The registered core product content is: import and export agent 350005, marketing 350106, telephone marketing 350107, online market 350120 for buyers and sellers of goods and services. Special attention is paid to the last "Provide Online Market for Goods and Services..." which was the latest one on January 1, 2015. It was not there before. It also marks a clear e-commerce service trademark.
3. Business management consulting service company.
It is mainly aimed at providing business information services and business research services for enterprises. And business management, mainly for hotel management, business consultants, etc. (That is, enterprises that serve enterprises) The registered core product content is: business management assistance 350001, hotel business management 35078, franchise business management 350096, business information 350065, opinion poll 350066, business information 350119 provided through the website, etc. It is also suitable for public relations companies, business service companies, etc.
4. Pharmacies, hospital pharmacies, etc.
The registered core product content is: retail or wholesale service of pharmaceutical, veterinary, sanitary preparations and medical supplies 350108, retail or wholesale service of medicine C350009, etc.
4. Headhunting companies, recruitment services and personnel management companies.
The registered core product content is: employment agency 350012, commercial management of actors 350079, psychological test 350090 for the selection of talents, etc.
5. Accounting and finance companies.
The registered core product content is: counting 350015, drawing bills, account statements 35016, business audit 35017, tax declaration 350123, etc.
6. Secretarial and office service companies.
The registered core product contents are: Secretarial 350072, Copy Service 35009, Document Copy 35026, Invoicing 35098, Computer Document Management 350061, Update and Maintain Data 350117 (Network Management) in Computer Database, Office Machine and Equipment Rental*350013, etc.
For the above six types of companies, it can be said that the 35th class trademark must be registered. Otherwise, being preemptively registered by others will have serious consequences.
【3503】Promote for others
As the most controversial group in the 35th category, [3503] selling for others is also the key to whether it is necessary for other companies to register the 35th category of trademarks.
Many companies believe that they are mainly engaged in manufacturing, as long as they register the corresponding trademarks of the product categories, they can promote them. The 35th category is service trademarks, and registration is not necessary at all. However, if there is such an idea, In fact, there are great risks.
For example, A is a manufacturer of beverages and only registered a trademark on the product category related to the product, while B registered a trademark with the same name as A on the 35th category. In addition, B also opened a trademark under the name Although a store that specializes in beverages has the same name as A, as long as B does not sell products produced by A, it will not cause infringement. However, in real life, most consumers will equate the products sold in Store B with those of Brand A. Commodities, in this way, A will undoubtedly suffer a very large economic loss, and once there is a problem in the B store, the reputation of brand A’s products will also be affected, and it is really not worth the loss.
Therefore, once abandoning the registration of category 35 trademarks, it is equivalent to giving one's own initiative to others. Not only is the protection incomplete, but it may even bring huge risks.
In addition, after the revision of the trademark registration category, category 35 adds pay-per-click advertising 350113, search engine optimization 350111, website traffic optimization 350112 and other search engine-related services. It also adds services related to search engines such as providing commercial information through websites 350119 and computer Upgrading and maintaining two items of data 350117 in the database. Previously, it was not clear which category the website and e-commerce belong to, but now most websites can be classified into the 35th category of protection.
Therefore, although class 35 trademarks are not truly universal trademarks, for the purpose of defense and risk avoidance, registration of class 35 trademarks is necessary for every enterprise. This is also a lot of intellectual property rights. The consultants all suggested to us the reason for registering the 35th class trademark. From a long-term perspective, it is still necessary for us to register the 35th class trademark as soon as possible.