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Trademark Registration use Description of goods and services classification
Of Goods and Services Category Description
(A) History of China Category
As we all know, is the difference between the goods or services mark a sign of the source, every registered trademarks are specified for the particular goods or services. Changhong as mentioned, people will think of color TV; that Maotai, people will think of wine; that MAXAM, people will think of cosmetics. It should be said, to leave the goods or services exist independently of the mark does not exist. So in the process of trademark registration application, the correct representation of the specified goods or services to their respective category, is a trademark of applicant (agent) will first encounter.
Many different departments for administrative, statistical and other work needs to be the commodity classification. Such as from the perspective of national economic management, usually the product into two major categories of industrial and agricultural products, industrial products and heavy industry is divided in light industrial products, industrial products, the products can be classified as metallurgical industry, machinery and industrial products and so on. National Office for trademark registration and management needs, but also the need for commodity classification. Trademark registration and management, it should be said is a huge, complex systems engineering, classification of goods and services is a basic work and Trademark Office. China currently has more than seven hundred thousand registered trademark pieces, if not a scientific classification of management systems, to cable, check. Access to a trademark, like needle in a haystack, is almost impossible.
It is for trademark search, review, management needs to have some common attributes of goods are grouped together, compiled as a class, all the goods and services is divided into 45 categories, we are here to form a narrative of the " of Goods and Services Classification. " Such as "industrial oils and greases, lubricants, absorption, wetting and adhesion of dust fuels (including motor gasoline) and lighting agents, candles, wicks" and together, form a class (class 4) ; another example, the "surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, orthopedic articles, suture materials," and together, form another class (Class 10). Trademark Office of the query retrieval system is the type of goods and services in accordance with established; "Trademark Notice" arranged by category; Applications for trademark registration should follow the categories proposed; Trademark Office trademark registration issued to a registered person must also be marked on goods or services and their respective categories.
Category is a trademark registration application formalities and pay the cost of the basic unit. That a trademark application for registration in a category for a procedure, to pay a basic fee. If an applicant in the medical chemical, medicine, herbs, wine, medical nutrition supplies, air purifying preparations, veterinary drugs, pesticides, sanitary napkins, dental fillings on the trade mark application, although the designated goods as much as ten, But because these products are the same category (category 5), so just go through a procedure to pay a basic fee (ie, a standard class). Another business application registered trademarks used in the painting although only pen and paints, but need to fill in two application in two categories to apply for, and pay two basic costs, because the two products belong to two categories, namely, drawing pen belongs to the 16th class, paints are Class 2.
In the past, both by the national Office in accordance with their national conditions and the understanding of the goods, to develop their own classification of goods for the Office and the trademark registration applicants. Commodity classification is not static. It's rich with goods and people's understanding of the gradual increase in goods and amendments. China since 1923, has been established and published in five commodity classification. To the 1950s, the world economy has been substantial development, international exchanges become more frequent. Some countries believe that all countries use their own classification of goods can not meet the international trademark matters contact the trademark owner to bring trouble to the foreign registration, trade mark is not conducive to the development and economic development. These countries, the Office believes that the need for a unified international classification of Goods. In this case, resulted in the Nice Agreement.
(B) the registered trade mark International Classification of Goods and Services for the development and status of
Nice Agreement is a multi-national participation in international conventions, and its name is "trademark registered with the International Classification of Goods and Services Agreement." The Agreement on June 15, 1957 in the southern French city of Nice, signed April 8, 1961 to take effect. Member of the Nice Agreement has been developed to 65. China on August 9, 1994 joined the Nice Union. Nice Agreement aims to establish a common trademark International Classification of Goods and Services system, and ensure its implementation. Currently, a total of 45 classes of international classification, which are 34 for goods, Service Project 11 class, contains a total of ten thousand products and Service Project. Required to fill in the applicant's goods and services in general are, too. All members of the Nice Union are not only using this classification, and non-members of the Nice Union can also use the classification table. The difference is that the Nice Union members can participate in the revised classification, rather than the member states the right to participate. The world has more than 130 countries and territories have adopted this classification. China since November 1, 1988 from the adoption of international classification, which greatly facilitates the trade mark applicants, more standardized management of the Office, close the international trademark matters contact. In particular China's accession to the Nice Agreement in 1994, we have been actively involved in the modification and improvement of the Nice Classification, has a number of goods with Chinese characteristics to join in the Nice Classification. Nice classification generally revised once every five years, adding new products first, second, would have been included in the classification of goods to adjust to the new point of view, in order to more goods inherent unity. We currently use the classification is January 1, 2007 from the implementation of the ninth edition.
Nice Classification consists of two parts, arranged according to categories of goods and services classification, in part, in alphabetical order of the classification of goods and services.
Arranged by category classification of goods and services in accordance with the order of 1-45 classes. Each class has a category number and title, the title of each class of this class contains general characteristics and range of goods, including the final list of all the classes of goods or Service Project, each of the goods or services have a sequence number, to find. In addition, each class has a comment on what this class include goods related to the class and how to distinguish between types of goods, how to divide the edge of the product categories described, the notes on the definition of some of the confusing categories of goods of great help . Such as the third category, the class called "bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, perfume, toothpaste, tooth powder." [Note] is: "This category includes bath products and cosmetics, especially including: deodorant for personal use; cosmetic hygiene products, especially not to include: chemical chimney cleaning products (first class); production process using the scouring articles (the first class); non-personal use deodorant (fifth); grindstone or grinding wheel hand (VIII).
The other part is an alphabetical classification of goods and services. Published by WIPO in English, French goods and services in order of classification. China's trademark authority has published a schedule arranged by Alphabetical classification of goods and services. Use this table as access to general categories of goods as easy dictionary. Such as television sets and VCRs to a business, in both goods for trademark registration, in accordance with the Alphabetical, can easily be found in these two commodities are all class 9; another example, a production food, milk and ice cream companies to apply for trademark registration on, with the table, you can also quickly found the two products belong to the first 29 categories (milk) and Class 30 (ice cream).
(C) the classification of goods and services, the principles
World Intellectual Property Organization classification of goods and services, generally, the following principles, management authorities and the applicant countries in the event there is no classification of goods and Service Project, to be classified, they can be divided in accordance with the following criteria
1. Merchandise
(1) finished its principle function, use classification, if the classification does not provide criteria for classifying the products that the alphabetical classification of other products of similar points in a class, can also assist the classification standards, that is based on these materials or the operation of manufactured goods classified;
(2) a combination of multi-function products (such as clock radios and a combination of products) based on the various components of the product features or use of, the points of the product with these features or use of the corresponding different categories, if the category table does not require these standards, you can use the first (1) shown in standard;
(3) raw materials, not processed or semi-finished in principle classified according to the composition of raw materials;
(4) The commodity composition of a part of other commodities, in principle, and other points in a class of goods, but under normal circumstances similar goods can not be used for other purposes. All other cases according to the above criteria (1) classification;
(5) consisting of finished or semi-raw materials according to their classification, if it is made of several different materials, in principle, be classified according to their main raw materials;
(6) for goods in full bloom box, box-like container, in principle, and the goods are in the same class.
2. Service
(1) service in accordance with the principles of the classification of services into the class name and the comments of the industry classification, can also be arranged alphabetically in a similar classification in a class of service points;
(2) rental services industry, in principle, and achieved through the rental property in a class of service points (such as telephone rental, 38 minutes in class);
(3) to provide advice, information or consulting services in principle with the provision of services involved in the transaction attributed to the same category, such as transportation consulting (39 classes), Business Management Consulting (Class 35), financial advice (36 class), beauty advice (44 classes). By electronic means (such as telephone, computer) to provide advice, information or advice does not affect the classification of such services.
(D) fill in the name of goods and services
Trade names are the trademarks registered an important part of the work, which determines the scope of protection of registered trademarks. Therefore, when applying for trademark registration, must specify the name of the specific goods and services. Also, a application form of goods or services can only be limited to a category. Name seek specific, accurate, standardized, in order to explicitly specify the scope of trademark protection. In the "distinction between goods and services similar to the table" in each category there are comments, and the goods or Service Project is divided into different groups, an application for trademark registration can not fill out the comment section and group names, such as the 2907 Milk and milk products, 4301 to provide catering and accommodation services. In general, a commodity in the commodity classification in the formal name, the classification should be used in the specification name. Some people's daily lives conventional commodity title, when applying for trademark registration is not allowed. Such as "appliances" because it includes the range is too large, involving classification of goods in at least five categories of goods. For example, the seventh class of washing machines, household electric mills; the eighth class of the electric razor; the ninth class of irons, electric hair curlers; Class 10 electric massage; XI of the refrigerator, electric water heater. And so on as well as "plastics", "leather" and so on.
Use "similar distinction between goods and services table" in the name of standardized goods and services to help speed up the trademark registration process, ensure timely access to trademark applicants.
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