Chinese Trademark Practices:
Why do we recommend you file the trademark application in Class 35 besides your product-related Classes? -An example to share below- If the major product line of Company A is clothes-related. Company A only registered its trademark in Class 25 and did not register in Class 35. Company B then filed the application of the same trademark in Class 35 specifying services such as "sales promotion for others" and so on. During business operation, Company B opened a store with the same name as Company A's trademark. Since Company B owns the same trademark in Class 35, as long as it didn't sell Company A's products in its store, it will not cause infringement. If company A is well known in the market, in real practices, the vast majority of consumers will be misleading to treat the products sold by company B's store are related to Company A. In this case, Company B is taking a free-ride on Company A's reputation. Moreover, if there are any problems with Company B's store, the financial and reputational damage will be likely coming to Company A. And Company A can not sue Company B by using its trademark right in Class 25. Therefore, to prevent future possible disputes, would you also like us to help with your trademark application in Class 35? #trademark
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