Foreword
After the new trademark law of China was executed in 2014, the methods to apply for trademark in China extended from “1 trademark in 1 category” to “1 trademark in multiple categories”. It means an applicant can apply for the registration of a single trademark in different categories of goods or services through only one registration application letter.
It sounds convenient, but this system contains great disadvantages in the links including following trademark transfer and Madrid international registration due to imperfect supporting measures such as trademark division clauses.
Yajia’s Hint
Therefore, Yajia IP hints: apply for trademark with the method of “1 trademark in 1 category” to the greatest extent.
Disadvantages of 1 trademark in multiple categories
The following is to share misunderstandings or questions in practice of this system in detail.
1: Is their discount of fee of 1 trademark in multiple categories?
Answer: some media said that the fee of registration of only 1 trademark will be charged for the application of 1 trademark in multiple categories, this is misunderstanding to be noticed by all applicants.
Facts: the trademark fees paid for registration of “1 trademark in 1 category” and ‘1 trademark in multiple categories‘’ are the same, there is no discount for the application of 1 trademark in multiple categories.
2: If the registration of 1 trademark in multiple categories is successful, 1 or 2 registration certificates will be issued?
Answer: Only 1 registration certificate will be issued for the “1 trademark in multiple categories”, and the registrant cannot require issuing registration certificates according to categories.
If part is objected, the approved registration categories and goods or services to be used will be recorded in the registration certificate.
3: How to transfer 1 or several of the trademarks of 1 trademark for multiple categories?
Answer: please notice, the transfer of the trademark of “1 trademark for multiple categories” should be handled comprehensively.
It means all categories involved in this registration application should be transferred out; and this is also one of the greatest disadvantages of the application of “1 trademark in multiple categories”.
Of course, the applicant should also handle the transfer comprehensively when registering the same or similar trademarks in the same or similar goods or services.
4: Is there any division of business applied for in trademark registration? Can I apply for division?
Answer: Now the application for division of business in trademark registration is only applicable to the procedures of objecting part of the trademark.
Except for the partial objection, other procedures allow no division and could only be applied for once.
Dear applicants, now do you understand the disadvantages of “1 trademark in multiple categories”?
Since 2014 when the “1 trademark in multiple categories” was implemented, Yajia has always reminded clients and insisted on the application method of “1 trademark in 1 category” to avoid the above disadvantages for enterprises.
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2020-09-21
2020-09-21
