According to the latest revised edition of Classification of Similar Goods and Services for Registration of Marks in the People’s Republic of China (Tenth Edition of Nice Agreement), the China Trademark Office shall add the services “retail or wholesale services concerning pharmaceutical, veterinary, sanitary preparations and medical supplies” in Class 35 since January 01, 2013. It will be the first time that the China Trademark Office accepts trademark applications for retail or wholesale services.
1. Explanation on the newly-added services items
The seven newly-added services items include: 1) retail or wholesale services concerning pharmaceutical, veterinary, sanitary preparations and medical supplies; 2) medicines retail or wholesale services; 3) retail or wholesale services concerning pharmaceutical preparations; 4) retail or wholesale services concerning sanitary preparations; 5) retail or wholesale services concerning medical supplies; 6) retail or wholesale services concerning veterinary substances; 7) retail or wholesale services concerning veterinary preparations.
According to Chinese trademark examination practice, the above seven services items shall be included in the newly-added sub-class 3509, which should not be determined as similar to any other existing goods or services listed in the Classification of Similar Goods and Services for Registration of Marks in the People’s Republic of China.
2. The regulations on the transitional period
China Trademark Office set up a transitional period, from January 01, 2013 to January 31, 2013, for acceptance of trademark applications for the services. During the transitional period, where applications are filed by different applicants for the registration of identical or similar trademarks for the same or similar newly-added services, those applications shall be regarded as filed on the same day. Where those applications are filed on the same day, the preliminary approval, after examination by the China Trademark Office, shall be made for the trademark that was used the earliest.
For obtaining more detailed information on the issue or applying for registration on the newly-added services, please contact the trademark attorneys in our office.
