The China National Intellectual Property Administration has clarified the use of trade marks in class 35 covering sales promotion services.
Guidelines published in December, titled “Guidelines on Application for Registration and Use of Class 35 Trade Marks”, clarified that class 35 includes business management, operations, organisation, and administration of commercial or industrial companies, as well as advertising, marketing and promotional services. It also confirmed that sale of goods is not considered a service.
In addition to the above, the guidance provided a clear reminder that the most important feature of services in class 35 is that the services listed are provided for third parties as opposed to the applicant’s business needs.
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