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How To Register Trademarks In Garment Industry

2008/8/26 17:15:00 41938

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What is trademark?

Trademark is a mark that distinguishes the source of goods or services. China is commonly known as "brand". The essential role of trademark is to distinguish the source of goods or service providers.

For example, clothing labels "ADIDAS", "YAGE", "YISHION" and so on are distinctions of other clothing products.

"McDonald's" is a sign of distinguishing service providers.

Any visible sign that distinguishes goods from natural persons, legal persons or other organizations, including words, graphics, letters, numbers, three-dimensional signs and combinations of colors, and combinations of the above elements, can be used as trademark registration applications.

The trade mark bureau approves the registered trademark, the registered trademark has the specific mark, is protected by the law, but does not register the trademark is the unregistered trademark, is not protected by the law, if in the commercial promotion, if is preempted by others to register, in turn has the request to terminate the use or to sue for the invasion danger.

Two, what is the difference between trademark and commodity performance and company (factory) name?

There are essential differences between the external manifestations of trademarks and goods, such as leaflets and product manuals.

The form of commodity is not exclusive. It can be changed with the change of people's aesthetic sense and the need of market sale. The emphasis is on beautification, which is used to illustrate and beautify the commodity.

The name of a company (factory) is the legal person name of an enterprise, and a trademark is a commercial mark that is exclusively used by a commodity and can only be used for a specific commodity after its approval has been registered. It can not arbitrarily expand its scope of use, nor can it arbitrarily change the trademark design. That is, how to register it, and its role is to distinguish the source of goods or services, that is, to distinguish between different producers and operators. The trademark is essentially different from the two mentioned above.

Three. What are the brand categories and characteristics related to the clothing industry?

Registered trademarks can be classified into commodity trademarks and service trademarks.

A trademark is a sign indicating the origin of a commodity. The purpose is to distinguish the same or similar goods produced by different enterprises. Service marks refer to the service providers who distinguish their services from others' services. The services mentioned here refer to the services provided by non form services, such as business promotion (shopping malls or franchised stores), advertising and pportation industries, and services are not limited to profitable services, for example, services provided by non-profit and non-profit organizations such as schools, news organizations, certification bodies, etc. may apply for service marks.

All goods and services are classified into 45 categories according to the international "similar commodity and service differentiation table". The first 34 categories are classified as specific goods, and the latter 11 are classified by different categories of services. Trademarks are registered according to the principle of "one label, one category". Clothing industry is classified into twenty-fifth categories. Clothing sales, such as clothing shop shops, are thirty-fifth categories. The clothing design service for foreign countries is forty-second, clothing processing services, OEM and other 40 categories; those belonging to clothing products are registered in 25 categories, and those belonging to the clothing service nature are registered in the corresponding service categories. Among them, because of the characteristics of the market, the registered trademarks of the twenty-fifth kinds of clothing commodities are the largest, and according to the preliminary statistics, the registered volume is nearly 100 thousand. According to the Trademark Law

Four. What marks should not be used as trademarks of all categories of goods and services?

The names and figures of buildings are the same; 2, the same as or similar to the names of countries, national flags, national emblem or military flags of foreign countries, except those agreed by the government; 3, the same or similar as the names, flags and emblem of intergovernmental international organizations, but not by the organization's consent or misleading the public; 4, the same or similar with official signs and inspection marks indicating the implementation of control and guarantee, except for authorized persons; 5, the same name or symbol as "Red Cross" or "Red Crescent"; 6, ethnic discrimination; 7, exaggerating propaganda and fraudulent; 8, harmful to socialist morality or other adverse effects. 1, the same name or national name, national flag, national emblem, military flag, medal of the same or similar as People's Republic of China, and the name or symbol of the specific place where the central state organ is located.

9, the names of the administrative divisions above the county level or the foreign names that the public knows are not trademarks.

However, the place names have other meanings or are excluded from the components of collective trademarks and certification trademarks; trademarks already registered for the use of geographical names will continue to be valid.

Five. What logo can not be used as a registered trademark of clothing products?

1, only the general name, figure and type of clothing goods are available; 2, it only directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the clothing products; 3, in the twenty-fifth major categories of clothing, there is no significant or significant lack of identification, lack of prior or uncertainty.

Six. How to register clothing labels?

1, natural persons, legal persons or other organizations, who need to obtain the exclusive right to use clothing trademark, can apply for trademark registration by trademark agency to China Trademark Office.

2, when applying for registration of clothing trademarks, we shall correctly fill in the prescribed commodity names of the trademarks used according to the prescribed classification of the 25 categories of commodities.

3、由于服裝商品（第25大類）已經(jīng)注冊了大量的商標，國家商標局在該類別商標的審核過程中，對新申請商標的顯著性把關相當嚴格，對無實際意義的中文或英文商標，只要文字或字母排列順序相似或大致，有三分二的部分相同，基本判近似，顯著性不夠，不予通過，對于圖標，則按意象和要素，稍近似便不予通過，所以，一個新申請商標要獲得成功注冊，務必進行嚴格的申請前查詢，以及根據(jù)查詢結果，再由代理機構對申請人作專業(yè)、認真的判定分析，實際上，一個代理機構能否對申請人所委托申請的商標標樣進行直至國家商標局的中/英文和圖標查詢，以及給出專業(yè)的判定意見，和整個過程的服務快捷性、服務方式的承諾等方面，才真正體現(xiàn)該代理機構的專業(yè)代理能力，申請人不應該太過于比較價格，而應謹慎選擇合乎要求的代理機構，一些無代理資質的代辦

Applicants should be cautious about the structure, icon design company, agency with poor enquiry capability or poor service commitment.