(By You Yunting) Abstract: The Chinese Trademark Office (the “CTMO”) strengthens the protection to the Internet products and services in adding the service items, including cloud computing, tablet computer, electronic reader, social-networking site and online bank, into the Chinese Goods and Services Classification. Protection category of Apps that applied to mobile network is, however, still not clear.
Trademark registration in China shall apply to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (the “Nice Classification”). Every year the CTMO will make a new amendment to the Chinese Goods and Services Classification and in 2014 the CTMO revised the tenth edition of the Chinese Goods and Services Classification.
This revision to the Chinese Goods and Services Classification plays a vital role for Internet companies in strengthening the protection to Internet services and suggesting the Internet companies to renew the content of products and services applied on its standardized trademark application. My summary information and personal opinion related to added items of internet and information technology industry are followed.
I. Class 9: Protecting mobile internet apps, tablet computer, electronic reader
1. It deletes “computer software (recorded) 090591” but adds “computer software (downloadable) 090717”. In my opinion, this is a revision for the rise of mobile internet. Another problem is that, however, smart phones and tablet computers are not an actual computer. Therefore, the apps in smart phone and tablet computer could receive protection from specific service items it provided.
2. It adds “tablet computer 090724” and “electronic-book reader 090718”.
II. Class 35: Protecting search engine optimization and clearing the category of providing business information via website.
1. It adds “pay-per-click advertisement 350113”, “search engine optimization 350111”, “website traffic optimization 350112” and other services related with search engine.
2. It adds “providing business information via website 350119” and “upgrading and maintaining data in computer database 350117” that once be included in Class 42. What kind of category consists of “website providing business information” was inconclusive previously, but now “website providing business information” could be classified into Class 35 for protection.
III. Class 36: Protecting Online bank and website financial information
It modifies the “home bank 360072” into “online bank 360072” and adds “providing financial information via website 360113”. Therefore, website providing financial information will be standard in Class 36.
IV. Class 41: Protecting online music and video
It adds “providing online music (not downloadable) 410200” and “providing online video (not downloadable) 410201”, which once was included in service item online game. This revision will consist of online music, online video and online game.
V. Class 42: Protecting cloud computing and cloud storage
It adds many services related to cloud computing and cloud storage, including “remote data backup 420225”, “electronic data storage 420226”, “providing computer technology and programming information via internet 420227” and “cloud computing 420229”.
VI. Class 45: Protecting social networks
It adds “on-line social networks service 450218”. Virtually, there is a service item “dating services 4500005” in the Chinese Goods and Services Classification. This revision will, however, make more explicit “on-line social network service” into Class 45.
To conclude, in our experience, it is important to select correct goods and services in applying trademarks. If one applies a false protection scope of the goods or services of the use of a trademark, it is really hard to protect its rights in an infringement case even if there is a trademark registration certificate. Therefore, trademark registrants shall hire a professional service-oriented trademark agency to apply for trademarks, refraining from seeking small gains at great cost.
Lawyer Contacts
You Yunting：86-21-52134918 youyunting@debund.com/yytbest@gmail.com
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