China Trademark Office Accepts Retail and Wholesale Services for Pharmaceuticals
published on 1 Feb 2013
In line with the 10th edition of the Nice Classification of Goods and Services, the China Trademark Office (CTMO) started accepting (on January 1, 2013) Class 35 services designating on retail and wholesale services for pharmaceutical, veterinary, sanitary preparations and medical supplies.
This is the first time for the CTMO to accept retail and wholesale services for specific goods. Retail and wholesale services for goods other than the newly accepted goods are still not acceptable under current CTMO practice. Applicants who require trademark protection for retail and wholesale services have to name the closest designation instead, namely, “promotion for others for the sales of goods” or “promotion for others for the sales of goods and services via global computer network,” in the hope that this would somehow block any potential trademark infringer.
There are only seven standard descriptions of services acceptable, and they are as follows:
1. retail or wholesale services for pharmaceutical, veterinary, sanitary preparations and medical supplies
2. retail or wholesale services for pharmaceuticals
3. retail or wholesale services for pharmaceutical preparations
4. retail or wholesale services for sanitary preparations
5. retail or wholesale services for medical supplies
6. retail or wholesale services for veterinary medicines
7. retail or wholesale services for veterinary preparations
Applicants for the above services must submit a copy of the certificate of incorporation showing that the scope of business for their organization complies with the designated services. The provision of the above services is not limited to physical stores but may also be associated with online stores.
It is important to note that, according to the CTMO, retail or wholesale services of the above items are not deemed similar to the sale of pharmaceuticals, pharmaceutical preparations, sanitary preparation, medical supplies, veterinary medicines or preparations that may fall in Classes 5 or 10. Neither are they deemed similar to the “promotion for others for the sale of pharmaceutical goods” in Class 35. Therefore, registrations obtained for the sale or promotion for sale of pharmaceuticals will not exclude others from registering in Class 35 for retail or wholesale services for the same goods.
(As an aside, and in contrast to the manner in which the CTMO deals with this issue, the Taiwan Trademark Office accepts retail or wholesale services of specific goods in Class 35. It also deems retail or wholesale of any specific product similar to the product per se, and therefore examiners always conduct a cross-class similarity search in the examination of retail or wholesale services).
For any questions relating to this topic, please contact us at cjchen@tsailee.com.tw |