trademark classification

By King & Wood’s Intellectual Property Group

Whether service trademarks used by shopping malls and supermarkets can be registered in International Class 35 and receive protection as a registered trademark is rigorously debated both academically and in judicial practice in China.

Opponents argue that the China Trademark Office (CTMO) has clearly stated that wholesale and retail services are not included in Class 35, and thus the services of shopping malls and supermarkets cannot be classified as such (the CTMO published this in their official written reply to Sichuan Provincial Administration for Industry and Commerce, "Reply to the Issue of Whether Shopping Mall and Supermarket Services are Included in Class 35" on August 13, 2004). Furthermore, it stated that the contents of "sale promotion (for others)" refer to providing advice, planning, promotion and consulting for others to sell goods or services. As a result of the Reply, even if a trademark is registered under "sales promotion (for others)", such marks of wholesale and retail enterprises, such as department stores, supermarkets, wholesale markets, can hardly be effectively protected by China’s Trademark Law.Continue Reading Do Shopping Malls and Supermarkets Qualify for Class 35 Trademarks?



反对者认为,商标局曾于2004年8月13日在致四川省工商行政管理局《关于国际分类第35类是否包括商场、超市服务问题的批复》(“《批复》”)中已明确澄清第35类不包括商品的批发、零售,商场、超市服务不属于该类别。‘推销(替他人)’服务的内容是指为他人销售商品(服务)提供建议、策划、宣传、咨询等。显而易见,按照此《批复》,百货商场、超市、批发市场等批发、零售企业即使在“推销(替他人)”服务项目上注册其商标,也不能得到中国《商标法》的有效保护。Continue Reading 第 35 类是否包括商场、超市等服务