Declaration Guide for Goods and Services for Trademark Registration

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In order to implement the “Opinions of the State Administration for Industry and Commerce on Promoting the Reform of Trademark Registration Facilitation”, it is convenient for applicants to declare the categories and names of goods and services when applying for trademark registration.

  I. Overview of the classification of goods and services

  Member States of the Nice Union, adopting the International Classification of Goods and Services for the Purposes of the Registration of Marks (ie the Nice Classification). The current Nice classification divides goods and services into 45 categories, with commodities ranging from 1 to 34 and services ranging from 35 to 45.

  The Trademark Office divides the goods and service items classified by Nice into similar groups, and increases the names of commonly used goods and services in China according to the actual situation, and formulates the “Similar Table of Similar Goods and Services” (hereinafter referred to as “Differentiation Table”) to declare trademarks for applicants. Used when registering. The 45 categories in the Distinction Table contain category headings, [comments], and product and service item names. The title of the category indicates the scope of the goods or services that fall under this category; [Note] Explain which items or services are mainly included and excluded in this category; the names of the goods and services listed in the Classification Table are standard. name.

  The Nice Classification is revised once a year and the Distinction Table is adjusted accordingly. The applicant shall make a declaration in accordance with the “Differentiation Form” implemented at the time of submitting the application. It may either declare the standard name or declare the name of the goods and services that are not included in the “Division Table”.

  Second, the classification principle of goods and services

  First, it should be declared in accordance with the Nice Classification.

  Many different departments classify goods and services for management, statistics, and other work needs. When registering a trademark, it should be declared in accordance with the Nice Classification.

  Secondly, when applying for goods and services that are not on the “Differentiation Form”, the applicant should report the category according to the category title and [comment].

  For example, nutshell crafts. According to the category heading, “unprocessed or semi-processed bones, horns, whale bones or mother-of-pearl” belong to category 20, and [note] states that category 20 “mainly includes furniture and its components, consisting of wood, cork, alfalfa and vine. Wicker, horns, bones, ivory, whale bones, shells, amber, mother-of-pearl, sepiolite, and some substitutes for these materials or plastics, “wood, wax, plaster or plastic artwork” The standard name for the 20th category. According to the above, “nut-shell crafts” should be declared in the 20th category.

  Another example is the genetic screening service. According to the category heading, “Science and Technology Services and related research and design services” belong to category 42. [Notes] states that category 42 includes, inter alia, “scientific research services for medical purposes”; In category 44, [Notes] states that Class 44 includes, inter alia, “Medical analysis related to treating patients (eg, X-rays and blood samples). Genetic screening can be widely used in scientific research and medical treatment, so “gene screening (for scientific research purposes)” should be declared in category 42 and “gene screening (for medical purposes)” should be declared in category 44.

  Third, according to the category title, [comment], if the standard name is still not categorized, it shall be declared according to the classification principle.

  The Nice Classification and the Distinction Table generally follow the following principles when classifying goods and services.

  (1) Principles of commodity classification

  1. Commodities are manufactured goods and are classified in principle by function or use.

  For example, glove products should be classified according to the function and use of the specific product. “Gloves (clothing)” belongs to clothing and should be declared in category 25; “anti-accident gloves” are ambulance appliances and should be declared in category 9; “medical gloves” are medical aids and should be declared in category 10; “Insulating gloves” are insulation products and should be declared in category 17; “housework gloves” are household chores and should be declared in category 21; “sports gloves” are sports and sporting goods and should be declared in category 28. “Disposable gloves” are non-standard names because the functional use of the goods is not clear. For example, “medical disposable gloves” should be declared in category 10; “domestic disposable gloves” should be declared in category 21.

  2. Commodities are multi-functional composites that should be classified according to their main function or use.

  For example, the “electronic sounding device with books”, the main function is the electronic sounding device, which should be declared in the 9th category; “books with electronic sounding devices”, the main function is the book, which should be declared in the 16th category.

  3. Commodities are raw materials, unprocessed products or semi-finished products, and in principle are classified according to the raw materials of their composition.

  For example, according to the category heading, “metal building materials” belong to category 6, then “metal linings for construction” should be declared in category 6. Similarly, the “artificial reefs made of metal” is made of metal materials and should be declared in category 6.

  4. When goods are classified according to the raw materials they are composed of, if they are made of several different raw materials, they are classified in principle according to their main raw materials.

  For example, “milk drinks (mainly milk)” should be declared in the 29th category according to milk; the essence of “milk coffee drinks” is still coffee drinks, which should be declared in category 30.

  5. A commodity is part of another product and the product cannot be used for other purposes under normal circumstances, and the commodity is in principle the same category as the product it constitutes.

  For example, the “telephone handset” is part of the “telephone” and should be declared in category 9.

  6. The special container used for holding the product is in principle the same category as the product.

  ”Used” herein refers to a special purpose, that is, the special container is specially designed for holding the product, and has a special shape and style.

  For example, the “special cosmetic bag” has been specially designed for the wearing of cosmetics, and should be declared in the 21st category; the “non-dedicated cosmetic bag” should be declared in the 18th category.

  (2) Principles of service classification

  1. According to the standard name listed in the “Differentiation Table”, based on the industry to which the service belongs, and comprehensively judge the factors in combination with the purpose, content, method and object of the service.

  For example, “advertising film production” is an advertising service and should be declared in category 35; “production of films other than commercials” is an entertainment service and should be declared in category 41; but “production of TV shopping programs” is classified as advertising. Services should be declared in category 35.

  2. Rental services, consulting services, and franchise services can be classified according to the following principles.

  (1) The rental service is, in principle, in the same category as the service realized by the rental.

  For example, the “rental telephone” implements the communication service and should be declared in category 38.

  Rental services are similar to rental services and should use the same classification principles. However, financial leasing is a financial service and falls into the 36th category.

  (2) Services that provide advice, information or advice are, in principle, in the same category as the services involved in providing the services. Providing advice, information or advice electronically (eg telephone, computer network) does not affect the classification of such services.

  For example, “transportation information” should be declared in category 39 and in the same category as transportation services; “financial consulting” should be declared in category 36, in the same category as financial services; “providing financial information through websites” and “finance” The information is classified in the same category and should be declared in category 36.

  (3) The franchise service is, in principle, in the same category as the services provided by the franchisor.

  For example, “commercial management of franchising” should be declared in category 35 and in the same category as the business management services provided by the franchisor.

  Third, the basic requirements for the declaration of the name of goods and services

  When applying for trademark registration, applicants should first consider the use of the standard names listed in the Classification Table. At the time of filing, the specific product and service project name should be filled in, that is, the specific name before the six-digit code in the Classification Table. The category number, category title, category note, similar group number, similar group name, and project number cannot be filled out.

  Applicants may also choose the name of the goods and services that are acceptable outside the Classification Table published by the Trademark Office. Applicants who use the standard name in the Distinction Form and the acceptable name other than the Distinction Form shall report in accordance with the Nice Classification and the Classification Table issued at the time of filing the application, and shall not be declared invalid when the application is submitted or not yet The name of the goods and services that are in effect.

  When applying for trademark registration, the applicant may also declare the names of other goods and services other than the “Differentiated Table”, but the following requirements shall be met:

  1. Comply with the Nice Classification and the Classification of the Classification Tables that were implemented at the time of filing the application.

  2. The name of the declared goods and services should be accurately stated in terms of goods and services. The name should be sufficient to distinguish this good or service item from other categories of goods or services. The use of ambiguous, overly broad, insufficiently identifiable categories or misleading goods or service names should be avoided.

  When applying for trademark registration, the applicant may declare the name of the goods and service items containing descriptive words. Descriptive words about commodities generally include words describing the function, use, raw materials used, sales channels, consumption objects, etc.; descriptive words about services generally include the purpose, content, methods, objects, etc. of the service. Words.

  3. The declaration of the name of the declared goods and services shall conform to the national common language and characters law, the use of punctuation marks and the social public language habits. It shall be expressed in simplified Chinese characters, and no typos or traditional characters shall appear.

  4. The applicant may attach a description of the item or service item. This explanatory material is only a supplementary explanation for the goods or services, and is not part of the name of the goods or services. Even if the applicant attaches a description of the goods or services, the name of the goods or services itself should meet all of the above reporting requirements.

  Fourth, goods and services project name declaration matters needing attention

  In accordance with the classification system and classification principle of the “Differentiation Table”, the Office has compiled a number of examples to explain the experience of the application for acceptance of trademark registration applications, and to provide reference for applicants to declare the names of goods and services. The following examples do not cover all reporting situations. When applying for trademark registration, the applicant should focus on the law, carefully consider the actual situation, and carefully declare the name of the goods and services.

  1. Contains words that indicate generality

  Due to the unclear extent of the extension, it may contain a variety of goods or services, and general terms should not appear in the names of goods and services. For example, “handicrafts that are not of a different kind” and “providing information about the above services” are non-standard names.

  Descriptive words

  Descriptive words indicating the function, use, raw materials, ingredients, sales channels, consumption objects, or the purpose, content, manner, and object of the service may appear in the name of the goods and services. However, such description should be an objective description of a good or service item and may be a restrictive or specific description. Descriptive words such as advertising, over-decoration, and extended rendering should not be included.

  (1) The meaning of “organic” other than the chemical concept is unknown and should not appear in the project name. For example, “organic tea” is an unregulated name.

  (2) Words such as “flavor” and “taste” should not appear in the project name. For example, “flavored milk” is an unregulated name.

  (3) “Nutrition”, “conditioning”, etc. as promotional words should not appear in the project name. For example, “nutritional pasta” and “fast food noodle” are irregular names.

  (4) “Refined”, “specialized”, “advanced”, etc. as advertising words and the meaning is unclear and should not appear in the project name. For example, “special clothing” is an unregulated name. Except where there is a clear definition, such as “extra virgin olive oil”.

  (5) Inadequate modified words such as “special” and “special” should not appear in the project name. For example, “special pulp” is an irregular name.

  (6) Words such as “related” and “related” should not appear in the project name. If it does, the project name should be clearly defined. For example, “consultation related to mental stress” is an irregular name; “medical counseling related to mental stress” is medical consultation and is an acceptable name.

  3. Foreign language transliteration into Chinese

  The name of the goods and services contains a foreign language transliteration into Chinese. If the foreign language transliteration is Chinese with low acceptance or a small scope of use, or is not a foreign language, it is not suitable for declaration. For example, “vitamin preparation”, although “vitamin” is a transliteration of English vitamin, but there is a corresponding standard Chinese name “vitamin”, so “vitamin preparation” should be declared.

  4. Contains foreign letters

  The names of goods and services should be declared in simplified Chinese characters, and foreign letters should not appear in the names of goods and services. In general, Chinese refers to English abbreviations with clear meaning and concentration, high frequency of use, and a wide range of uses, such as CDs, DVDs, LEDs, DNA, etc. already in the “Differentiation Table”. If the declared foreign language letter combination has unclear meaning, there are two or more Chinese meanings, the frequency of use is low, and the scope of use is narrow, which is an irregular name.

  5. Contains place names

  The names of goods and services are generally not suitable for the names of places, “origins of origin” and “produced by”. For example, “beer of Italian origin” is an irregular name.

  6. The central word is “product” or “product”

  The finished products expressed in terms such as “products” or “products” are unclear and unclear, and should not be declared as the name of goods and services. For example, “steel products” and “bath products” are non-standard names.

  7. Contains “and / or”

  The meaning of such statements is uncertain. For example, “bedding of protein, and/or vegetables, and/or plants, and/or seasonings of potatoes” is an irregular name.

  8. Contains ethnic and religious terms

  Where the name of a commodity or service project contains national or religious terms, it should be carefully declared. For example, the term “halal” has a specific ethnic religious meaning. In order to respect ethnic and religious habits and avoid confusion and misunderstanding, careful consideration should be given when declaring the names of specific commodities and service items.

  9. Strong regional name

  A special description of a particular commodity in a particular area should not appear in the name of a good or service item. For example, “small appearances”, such statements are highly regional, and are not widely understood by ordinary consumers or the general public. They are not widely applicable and are not standardized.

  10.Dish name

  If the name of the dish cannot clearly state the ingredients, the distribution ratio or the process, it is not suitable for declaration. For example, “Tiger dish” is an unregulated name.

  11. Punctuation usage

  The name of a commodity and service item is a description of a specific item or service item. It should be a noun or a prefix with a noun. It can also be expressed as a noun suffix with bracketed explanatory content, but it cannot be expressed as a sentence or paragraph. Therefore, the names of goods and service items are generally not suitable for commas and periods, but the brackets of noun suffixes can contain commas.

  Where the name of a product or service item contains multiple brackets, it should be carefully declared to avoid ambiguity or misidentification. For example, “unprocessed synthetic resin (raw material) (covering material)”, the content is not clear and inconsistent, and is an irregular name.

  The name of a good or service item shall indicate a commodity or service item, and it is not appropriate to correspond to two or more goods or services. Therefore, the central part of the name of the goods or service items is generally not suitable for the number, such as “false eyelashes, Wigs are not standardized names. If the words before and after the words are modified by the same central word, they can be declared, for example, “false eyelashes, adhesives for wigs”.

  V. Examples of non-standard declaration of goods and services

  1. The declared product or service item name does not belong to the reporting category.

  For example, in the 25th category, declare “housework gloves.” “Housework gloves” should be declared in category 21.

  2. The declared product or service item name contains two or more categories of goods or services.

  For example, the declaration of “chemical preparations”: “non-medical, non-veterinary chemical reagents” belong to the first category, “medical or veterinary chemical reagents” belong to the fifth category, so “chemical preparations” are not standardized names. Another example is the declaration of “salmon”: “live squid” belongs to category 31, and “salmon (non-live)” belongs to category 29, so “salmon” is an unregulated name. Another example is the declaration of “holiday camping service”: “Holiday camping entertainment service” belongs to category 41, “holiday camping accommodation service” belongs to category 43, so “holiday camping service” is a non-standard name.

  3. The name of the declared commodity or service item is the name of the Nice Classification and the Distinction Form that was implemented at the time of filing the application and has been removed and has been moved to another category.

  For example, in the 16th category, “paper and cellulose baby diapers (one-time)”. The item has been deleted in the 16th category in 2012, and the current “baby diaper” belongs to category 5.

  4. The declared product or service project name contains two or more goods or services.

  For example, declare “steel and its alloys”. The name includes two commodities, “Steel” and “Steel Alloy”, and “Steel” and “Steel Alloy” should be declared separately.

  5. The name of the declared commodity or service item is ambiguous, the reference is unknown, or it is too broad, and it is not enough to determine the category it belongs to, which is easy to misidentify.

  For example, declare “e-commerce service”. The concept of “e-commerce” is not clear. It generally refers to business activities based on information network technology, and may include incidental services such as logistics and distribution. Therefore, “e-commerce services” are too broad, and applicants need to further refine and report according to the specific services provided.

  6. The names of the declared goods or service items include words such as “gambling”, “gambling”, “divination” and “telling fortune” that violate Chinese laws and regulations, are harmful to socialist morality, or have other adverse effects.

  For example, “gambling machine”, “slot machine”, “gambling chips”, “gambling service”, “horoscope”, “card divination service”, “fortune telling”, etc., may not be declared.

  The Nice Classification and the Distinction Table are revised annually and the categories and names of the goods and services listed in this guide may change. When applying for trademark registration, the applicant shall file a declaration in accordance with the version that was implemented at the time of filing the application. The Trademark Office will improve the content of the application guideline according to the new situation and new problems arising from the acceptance of the trademark registration application, in order to meet the actual needs of the applicants and the development requirements of the trademark registration application work.