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The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement): The 8th classification Table includes 45 groups of products and services (34 groups of products, 11 groups of services). The applicant for registration of a trademark must specify which product a group (or many groups) the trademark is […]
The International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement):
The 8th classification Table includes 45 groups of products and services (34 groups of products, 11 groups of services). The applicant for registration of a trademark must specify which product a group (or many groups) the trademark is used and must list the specific products of each group, this thing have legal significance because it defines the rights of the owner of the trademark.
The International Classification Of The Figurative Elements Of Marks (Vienna Classification):
The Classification constitutes a hierarchical system that proceeds from the general to the particular, dividing all figurative elements into categories, divisions, and sections. Where appropriate, explanatory notes have been introduced. They concern either a category as a whole (including all its divisions) or any given division or section. (vi) The sections are of two kinds. In addition to the main sections, there are auxiliary sections intended for figurative elements that are already covered by the main sections, but which it is considered useful to group according to a particular criterion for ease of anticipation searching.
Every category, division, and section has been given a number according to a special coding system. Every figurative element in a section is referred to by three numbers: the first, which may be any number from 1 to 29, denotes the category; the second, which may be any number from 1 to 19, the division; and the third, which may be any number from 1 to 30, the section.
The number of divisions and sections varies according to the categories and divisions to which they belong. Within the divisions and sections, certain numbers have been left vacant in order to permit the introduction of new divisions or sections when necessary.
Categories are divided into divisions, divisions are divided into sections and the last is auxiliary sections. This publication contains the seventh edition of the Classification, which comprises a total of 29 categories, 145 divisions, 806 main sections, and 903 auxiliary sections. How many figurative elements each Trademark, must classify each element.
Besides, there are the following types of trademark search:
– Duplicate or similar lookup: Duplicate or similar in trademark; Duplicate or similar in product or service bearing the mark.
– Duplicate lookup: Duplicate of goods trademarks (texture, expression, pronunciation, color, and meaning are the same); Duplicate products and services stated in the Certificate of Trademark Registration.
– Similar lookup (Similar in trademark): compare structure, meaning, expression, pronunciation (if it is a word), and color. Similar in product or service: consider the essence (composition, structure, shape), function (use or intended usage), mode of function performance, and mode of circulation in the market.
The conclusion that a trademark is considered similar to an allopathic trademark: The trademark is identical with the allopathic mark and the goods/services are similar to the goods or services bearing the allopathic mark. The sign is similar to the allopathic mark and the goods and services are identical (of the same type) to the goods or services bearing the allopathic mark.
Quang Anh
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