Abstract: The Chinese Trademark Office (CTMO) has recently
strengthened legal enforcement for the protection of internet
products and services by adding cloud computing, tablets,
electronic readers, and websites for social connections, online
banks, etc. to the latest Chinese Goods and Services
Classification, which, however, does not clarify how to classify
the App designed for the mobile internet.
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
This revision to the Chinese Goods and Services Classification
plays a vital role for Internet companies in strengthening the
protection afforded to Internet services and suggesting that
Internet companies renew the content of products and services
applied on its standardized trademark application. My summary
information and personal opinion related to the aforementioned
added items of the internet and information technology industry are
I Class 9: Protecting mobile internet apps, tablet computer,
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 actual computers. Therefore, the apps on a smart-phone and
tablet computer could receive protection from the specific service
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
2. It adds "providing business information via website
350119" and "upgrading and maintaining data in computer
database 350117" that once was included in Class 42. The
composition of the category consisting 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
It modifies the "home bank 360072" into "online
bank 360072" and adds "providing financial information
via website 360113". Therefore, website providing financial
information will now be considered as standard within 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 was once included in the service item of online
game. This revision will consist of online music, online video and
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, move the classification "on-line
social network service" more explicitly into Class 45.
In our experience, we find that it is important to select the
correct goods and services category 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 should hire a
professional service-oriented trademark agency to apply for
trademarks, refraining from seeking small gains at great cost.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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