Can a trademark be added to a category?

If you fail to comply with the regulations and directly apply the registered trademark to other categories of goods and services, it is likely to infringe the exclusive rights of others in the corresponding category of registered trademarks, and thus face legal liability and penalties related to trademark infringement. . We strongly recommend that you complete the registration procedures and obtain corresponding authorization before expanding your trademark category to ensure that your rights and interests are fully protected. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can a trademark be added to a category?

Trademarks that have been officially registered can be expanded into categories.

During the initial registration process of a trademark, if you are willing to cover it to a newer If there are many goods or services, the only thing you can do is to apply for trademark registration for each category to the State Intellectual Property Office. In this way, after successful registration, you will hold multiple registered trademarks of different categories.

If after the trademark registration is completed, you still want to expand the category of the trademark , then you must submit a trademark registration application again according to the trademark category you wish to expand.

After the Trademark Office conducts a strict review of your application and finally approves the registration, You can legally use this trademark.

Please note that if you do not re-apply for trademark registration, but directly transfer the registered trademark If your trademark is used for goods or services in other trademark categories, you are likely to infringe on the exclusive rights of others to register trademarks in this category, and thus face legal liability and penalties related to trademark infringement.

We strongly recommend that you do this before considering expanding your trademark category. Register before using it.

"Criminal Law" Article 213

[Crime of counterfeiting registered trademark] Using the same kind of goods or services with the registered trademark without the permission of the owner of the registered trademark If the trademarks are identical, if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined.

2. Can an individual register a trademark?

No matter it belongs to a natural person Either a legal person or other relevant organization can submit an application request for registered trademark to the Trademark Office in accordance with regulations.

In legal terms, "legal persons" are not human beings as we understand them in daily life Subject refers to various types of enterprises, government agencies or non-profit institutions with independent legal personality. In other words, it is a group or organization.

As for the application of natural persons, there are certain restrictions. Specifically, the application A person must hold a business license for an individual industrial and commercial household or a rural contracting household, or an individual partnership business license and other relevant supporting documents, and the designated products for which the trademark is applied must be consistent with the business scope of the business license.