Trademark Office accepts trademark protection in respect of wholesale or retail services for certain products.
Q1. How to protect sale services in China?
A1. According to experiences with the Trademark Office, the protection for sale services in China could be obtained via an adapted specification of services.
Q2. What is the global way that the Trademark Office used to practicing towards the sale service?
A2. The Trademark Office used to refusing registrations of trademarks, which designate “wholesale and retail services” per se in class 35.
Q3. What kinds of products will be covered with trademark protection in this reform?
A3. The protection will only covers pharmaceutical, medical, sanitary and veterinary products.
A sub-class (3509) is added to “Chinese classification of similar goods and services”, in which figure the following 7 new services:
- Wholesale or retail services for pharmaceutical, veterinary, sanitary preparation, and medical treatment products;
- Wholesale or retail services for medicines;
- Wholesale or retail services for pharmaceutical preparation;
- Wholesale or retail services for sanitary preparation;
- Wholesale or retail services for medical treatment products;
- Wholesale or retail services for veterinary medicines;
- Wholesale or retail services for veterinary preparation.
Q4. When will the reform take effects?
A4. From January 1st, 2013, the generic designation “wholesale or retail services” will be acceptable for trademark registration. Transition period will be set up so as to protect the interest of the trademark applicants. All trademark applications designating the above-listed services, which filed in the period of January 1, 2013 to January 31, 2013, will be deemed as filed on the same date. And, during this period, if two or several persons apply for identical trademark application for the above-listed services, the trademark application will be granted to the applicant, among other, who is able to prove that he used the mark first. In this matter, China adopts the principal of “First Used First Served”.
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