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How To Register Trademarks In Garment Industry

2008/8/26 17:15:00 41938

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、由于服装商品（第25大类）已经注册了大量的商标，国家商标局在该类别商标的审核过程中，对新申请商标的显著性把关相当严格，对无实际意义的中文或英文商标，只要文字或字母排列顺序相似或大致，有三分二的部分相同，基本判近似，显著性不够，不予通过，对于图标，则按意象和要素，稍近似便不予通过，所以，一个新申请商标要获得成功注册，务必进行严格的申请前查询，以及根据查询结果，再由代理机构对申请人作专业、认真的判定分析，实际上，一个代理机构能否对申请人所委托申请的商标标样进行直至国家商标局的中/英文和图标查询，以及给出专业的判定意见，和整个过程的服务快捷性、服务方式的承诺等方面，才真正体现该代理机构的专业代理能力，申请人不应该太过于比较价格，而应谨慎选择合乎要求的代理机构，一些无代理资质的代办

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