The Magic of the List of Similar Goods and Services in Trademark Business
Published:
2018-12-10
1. "similar goods and services classification list" magic source
The emergence of "Classification Table" originated from trademark registration. The function of trademark is to distinguish the origin of goods and services, but how to distinguish such complicated goods and services themselves? How to classify thousands of goods in the face of the strange and varied variety? The Nice Agreement Classification Table came into being. It provides a solid foundation for trademark retrieval, examination and management. This is the source of magic power. It combines some goods with common attributes into one category, and divides all goods and services into 45 categories, thus forming the classification of goods and services for trademark registration, which serves as the standard for trademark office review and as a reference for commercial judges and courts to hear cases. Its structural combination is as follows, basically covering all aspects of the world's products and services.
2. classification table to adapt to social development, has been transformed to maintain its magic.
Based on the continuous progress of society, products are being created and updated, and services are also being changed and updated, thus there is a dynamic change in the classification table. Every gorgeous transformation will attract great attention from trademark practitioners. The addition, deletion and adjustment of goods and services within the category, and the judgment of similar goods and services are based on this, even affecting the survival of long-term accumulated goodwill and high-value trademarks.
3. should make good use of the classification table. The magic works for me.
1. The innovator makes a trademark declaration for the name of the product and service just included in the classification form;
2. The person who has obtained the right to protect the goods and services in the classification table;
3. If the previous classification table is not clear, and the applicant has no choice but to choose fuzzy approximation of products and services, the trademark declaration shall be made for the names of products and services specified in the subsequent classification table.
4. For non-standard goods or service names that are not included in the classification table but are accepted by the Trademark Office in the course of practice, apply for registration.
For trademark applications, applicants only need to choose to declare according to the new classification form. The impact on certain types of cases is significant. The author is currently acting as an agent for a case of revoking the non-use of trademarks for three years. Based on the sufficient evidence provided by us, the Trademark Review and Adjudication Board made a ruling to maintain our trademark registration rights. The party filed an administrative lawsuit with the Beijing Intellectual Property Court, requesting to revoke the ruling of the commercial judges and revoke our trademark registration rights. One of the reasons put forward by the other party is that our approved commodity item "polyurethane" has been changed from the 0115 group of "industrial adhesives and adhesives" in the original classification table to the 0108 group of the current classification table. Therefore, the "polyurethane sealant" product submitted by us should only belong to the category of adhesives, not the "polyurethane" product itself.
However, the product change of the classification table occurred in 2018, and the official requirement for us to prove the use of the trademark is from January 10, 2014 to January 9, 2017. Therefore, the use of the trademark should be determined according to the requirements of the classification table at that time, which violates the principle of fairness retrospectively.
In short, the classification table is a tool for trademark declaration and is the main basis for determining whether goods constitute similar goods. Its magic power is infinite. I hope that entrepreneurs, trademark owners, and practitioners can turn it into a magic wand in their hands, discover its infinite magic and outline the most beautiful rainbow in their career.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
