The Advantages And Disadvantages Of One Label And Multiple Categories In Yongkang Trademark Registration
The "one standard multi class" system is widely adopted by developed countries in the world.
Judging from the revision of the trademark law in Japan and Taiwan, the revision of the trademark law is basically 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.
First, "one standard and many categories" is commonly adopted by developed countries in the world.
Registration method
The Madrid Agreement on the international registration of trademarks and the trademark registration applications in most developed countries adopt the principle of "one standard and multiple categories", that is, the same applicant can apply for the same trademark to different categories of goods in one application.
For example, in the German trademark law, trademark applications need to provide documents such as "trademark pattern" and "list of goods and services"; the first section of article second of the Trademark Law of the United Kingdom third provides that the registration of trademarks must be about the registration of designated commodities or several kinds of commodities; the thirtieth provision of the Trademark Law of the United States stipulates that, for the convenience of the management of the patent and Trademark Office, the director of the trademark and Trademark Office may determine the classification of goods and services, but can not restrict or expand the rights of the applicant or registrant.
The applicant may apply for a registered trademark in any category of goods or services that he uses or intends to use in real terms, but it shall belong to the commodities that the director of the trademark and Trademark Office may provide for cross class application in the regulations; the fourth part of the Russian Federation civil code contains seventh intellectual activities and individual identification rights, and the state registration stipulates that the application for trademark shall be submitted to the list of goods that are registered by the trademark state registration and in accordance with the international classification of goods and services.
Two, "one standard and many categories" can greatly reduce "trademark registration".
Application volume
Saving administrative costs
According to the data of SAIC, in recent years, China's trademark registration application has maintained a good momentum of rapid growth, and the number of applications for trademark registration has exceeded millions of years.
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.
According to the new "
Trademark law
The applicant applies for registration on the same trademark in many kinds of goods or services, and only needs to submit an application. At this time, the examiner only needs to review an application, grant a trademark registration (application) number, do not need to review more than one trademark registration application, and do not need to grant trademark registration (application) number one by one according to different categories of goods or services, so as to reduce a large number of trademark registration (application) resources, and make the trademark registration (application) number more succinct, so as to facilitate future scientific classification.
At the same time, theoretically, it can reduce the trademark inspection volume of the Trademark Office, speed up the speed of trademark examination, and improve the quality of examination.
According to the principle of "one label, one class", the applicant's registration application will be examined by different examiners in different categories and different categories of the same trademark, resulting in waste of efficiency. At the same time, the different standards of subjectively mastered by different examiners may also result in different examination results.
But in theory, the implementation of "one label and multiple categories" will become a trademark, which will be examined by a censor. It will not only improve the quality of the examination, but also increase the speed and maintain the consistency of the examination results.
At the same time, due to the speed of examination and the unification of the examination standards, the legitimate rights and interests of the applicants for trademark registration have been guaranteed.
Three, we can greatly reduce the workload of trademark registration applicants and agency organizations.
In the case of one label and one category, the applicant for trademark registration shall, when submitting an application for multiple categories of trademark registration, produce several applications for trademark registration according to the requirements, and submit several principal qualification documents to the Trademark Office, and the agency shall also check and verify all trademark registration applications.
In the case of subsequent renewals and changes, multiple applications are also required.
However, in the case of one or more categories, there is no need to fill in a number of applications when registering multiple classes, only a registration application can be submitted, and the procedures of trademark alteration, pfer, renewal and so on will be much simpler after registration.
Four, can reduce the administrative costs of trademark management.
Due to the decrease in registration, administrative costs of trademark management can also be reduced, such as reducing the cost of printing and issue of trademark notices, reducing the number of pages of trademark notices, reducing the registration volume of trademark registrations, and reducing the capacity of trademark databases, which is conducive to improving unified retrieval standards.
However, this fee has nothing to do with the applicant or the agency, it only saves the cost for the country.
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