Skills of choosing enterprise trademark category in e-commerce environment

Can enterprises only apply for trademarks? Good morning. 、? Quick? 、? Quasi? 、? All of them? Four-word motto, the follow-up operation of enterprises can sit back and relax.

In the modern business environment, the importance of trademark registration is self-evident, and more and more enterprises are aware of this? Good morning. And then what? Quick? The necessity of successful trademark registration. ? Good morning. This word indicates that trademark registration must precede commercial activities; ? Quick? This word stands for the speed of action. Once you think of it, you must do it immediately, otherwise you will be a hundred thousand miles away from your favorite trademark. ? Good morning. And then what? Quick? It's important, but what if you can't go? Good morning. And then what? Quick? Do it on the basis of. Quasi? And then what? All of them? ,? Good morning. And then what? Quick? Its advantages often disappear, and even make enterprises fall into a very passive position after spending a lot of money and energy.

Especially under the impact of big data and Internet of Things, all walks of life have been inextricably linked with e-commerce through the form of internet plus. The boundaries between online and offline, products and services seem to be increasingly unclear. What harm does this have to enterprises? Quasi? And then what? All of them? Choosing the category of goods and services carefully is a bigger challenge.

According to the trademark registration and judicial practice, the trademark registrant only enjoys the exclusive right to goods and services similar to the goods or services that he is allowed to register. In order to clarify the scope of protection, international practice usually divides the goods and services that can be registered as trademarks into 45 categories and compiles the Classification Table of Similar Goods and Services (hereinafter referred to as the Commodity Classification Table). Each category is divided into different groups, and the groups are divided into segments, which are ultimately composed of the same or similar goods or services. ? Quasi? And then what? All of them? Different enterprises have different requirements for choosing goods or services. From the perspective of e-commerce environment, this paper will make a preliminary analysis of some problems that should be paid attention to in choosing enterprise trademark categories.

All categories of application types

As the name implies, all kinds of applications choose all 45 kinds of goods and services, and get the exclusive effect on any latecomers in all goods and services first, so as to protect the trademark of the enterprise in all directions. There are usually two ways for various applications:

First, choose to register all the goods and services in 45 categories. This method involves all the goods and services in the classification table, and all of them apply for registration without distinction; The advantage is that the scope of protection is foolproof, once and for all, and there is no need to supplement the application many times after the business expansion of the enterprise. However, according to a trademark and ten items in one category, the table 1 has tens of thousands of items, which involves a lot of application fees. This method is special for local tyrants and people with deep pockets.

Second, comprehensive selection of key protected commodities and articles+defense registration of other categories and groups. Specifically, it is to choose goods or services as comprehensively as possible among the key categories and key people involved in the enterprise. On this basis, in other categories and groups, such as upstream and downstream product categories, service (product) categories corresponding to products (services), products usually sold together, products used together in daily life and production, etc. The rules for selecting goods or services in each different and similar group or segment of the above categories are used to select registration applications. The advantage of this method is that by preempting a commodity or service item in different and different groups, all commodities or service items in this group can be excluded from the later registration, and the economic cost is also small. According to the author's experience, this kind of registration method only costs tens of thousands of yuan per logo. In the process of subsequent development and growth of enterprises, supplementary registration shall be made for the categories and groups involved according to actual needs.

Of course, various applications also have their own shortcomings. First of all, as far as the current domestic trademark application situation is concerned, there are more than 2 million trademark applications every year, nearly10 million trademarks, which makes it very unlikely that a trademark logo can be registered on all goods and services. Secondly, due to the prevalence of cybersquatting in China, the current judicial environment is not effective in protecting unused and unstable trademarks. For example, the new trademark law stipulates that trademarks that have not provided evidence of use within three years before prosecution cannot be supported. Furthermore, the Trademark Law did not use the revocation system for three years. Anyone can apply for cancellation of a trademark that has not been used for three years after registration and has no reasonable reason not to use it. Therefore, all-class registration is not only costly to register and maintain, but also not once and for all.

Main Category+Internet Related Category Type

As mentioned above, in the era of internet plus, enterprise products and services are increasingly provided to consumers by Internet tools such as website platforms, web applications and mobile apps. In this case, the products and services provided by enterprises are often concealed by Internet tools as platforms and carriers for providing products and services. In this case, the choice of trademark category is very controversial.

What is the most typical case? Tick-tock, taxi case? Tick-tock, is taxis usually provided through internet tools? Passenger service? Belong to category 38. However, the premise for consumers to enjoy this kind of passenger service is to download the taxi APP and realize the communication between passengers and drivers through instant messaging technology. Under the appearance of these Internet tools, Xiao Ju Company was sued by a third party for trademark infringement. The basis of prosecution is the ninth category of computer software products, then the thirty-fifth category of online business information and the thirty-eighth category of instant messaging services. Although the first-instance judgment found that? Tick-tock, taking a taxi belongs to the 38 th class transportation service, but on the one hand, the case has not been finalized; On the other hand, even if the case is won, the price paid by the enterprise is huge. What happened to the case? Tick-tock, taking a taxi was forced to change its name, causing great losses and inconvenience.

Although it is the general trend to distinguish Internet tools from substantive services and restore the essence of services, this type of controversy will still exist for a long time. Avoid similar? Tick-tock, taxi unnecessary dispute cases, from the current domestic registration practice, in the e-commerce environment, the choice of enterprise trademark category is usually taken? Main category+Internet related category? The way.

Internet-related categories usually involve category 9? Computer and computer software products? , 38 categories? Data and communication services? Class 42? Computer programming and related services? , 35 categories? Provide business information through websites, and provide online markets for buyers and sellers of goods and services. .

The main categories are determined according to the actual business needs of enterprise operation, such as: large-scale online sales platform-based e-commerce usually involves 35 categories? Provide business information online, and provide online markets for buyers and sellers of goods and services. ; In addition, if it involves self-operated products, it may also involve 38 services such as warehousing, transportation and express delivery; At present, large-scale e-commerce platforms usually involve their own payment platform services, that is, 36 types of payment and other financial services.

The application for enterprise trademark is a complete system engineering, and the application for registration is the first provision before the start of this system engineering. This is the only way? Good morning. 、? Quick? 、? Quasi? 、? All of them? Four-word motto, the follow-up operation of enterprises can sit back and relax.