"One Label And Multiple Categories" Provides Convenience For Trademark Applicants
< p > the new trademark law has amended and put forward new requirements for trademark registration application, trademark usage and protection of exclusive right to trademark.
In the application for trademark registration, the twenty-second article of the new trademark law stipulates: "the applicant for trademark registration shall fill in the commodity category and the trade name of the trademark and submit an application for registration according to the prescribed commodity classification form.
The applicant for trademark registration may apply for registration of the same trademark for a number of categories of commodities through an application. "
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< p > > Sun Zhi, an intellectual property agency Limited, said that "one bid and multiple categories" means that a trademark registration application can specify multiple categories and only charge one application fee.
What corresponds to "one standard and multiple categories" is the "one bid, one category" application method adopted in China, that is, a trademark application can only designate one category, and more than one category is required to pay a number of trademark application fees.
For applicants who register the same trademark on multiple categories, "one bid, one category" requires not only the higher economic cost of the application, but also cumbersome procedures.
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< p > "before Japan and Taiwan region, we applied" one label and one category "before changing to" one standard multi class "application system.
Sun Zhi said that from the revision of the trademark law in Japan and Taiwan, the revision of the trademark law is generally aimed at achieving the following two purposes: first, to improve administrative efficiency and save social costs; second, in order to comply with the needs of intellectual property development.
China is no exception.
The system of trademark registration "one standard and multiple categories" is clear, not only in line with international standards, but also in line with the current development of intellectual property rights in China, which is of positive significance for simplifying the application procedure of < a href= "http://www.91se91.com/news/index_q.asp" > applicant < /a >, saving costs and improving efficiency.
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< p > it is understood that our country's < a href= "http://www.91se91.com/news/index_q.asp" > registered trademark < /a > the application volume has reached a record high.
In the first 11 months of 2013, the number of trademark applications reached 1 million 716 thousand and 600.
There are 71 thousand and 700 applications for trademark review cases.
In the face of such a trend, improving the application procedure of trademark registration, improving administrative efficiency and saving social costs are of special practical significance.
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< p > according to the new < a href= "http://www.91se91.com/news/index_q.asp" > trademark law < /a >, the applicant applies for registration on the same trademark in many kinds of goods or services, and only needs to make an application. At this time, the examiner only needs to examine an application. If approved, only one trademark registration number is required, no more trademark registration applications need to be reviewed, and no trademark registration number should be granted according to the different categories of goods or services.
In this way, the examination time of trademark registration application has been shortened, not only improving administrative efficiency, but also protecting the rights and interests of trademark registration applicants, and at the same time, saving social costs.
In addition, the new trademark registration application system will facilitate the application and examination of renewal of trademarks.
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"P >" however, although the "one standard and multi category" reduces the applicant's cost, it is not necessary to blindly specify a number of categories, or to register protection against the applicant's scope of operation.
Otherwise, if there is no commercial use for 3 consecutive years, the other person may apply for cancellation of the registered trademark.
Therefore, the applicant should consider the risk of multi class registration.
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< p > in Sun Zhi's view, the new problems brought about by the new trademark registration application system also need to be handled with caution.
If a number of categories of goods or services are not allowed to be registered, how to reject the application and how to retain the goods or services that can be approved? At present, the trademark segmentation system is usually adopted as a "one standard multi class" supporting policy in the world.
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