Main Points for Examination of Service
Mark Applications for Retail Services
(Promulgated on 20 April 1998 per
Letter No. Tai-Shang 980-206018)
1.
These main points are especially stipulated
for examination of service mark applications filed by retailers.
2.
Retail services shall refer to the activity
of bringing together, for the benefit of others, of a variety of goods,
enabling consumers to conveniently view and purchase those goods, provided,
however, the activity of selling one's own products shall not be deemed
as retail services.
3.
Retail services shall be classified in
Class 35 under the Classification of Goods and Services as set forth in
the Enforcement Rules of the Trademark Laws (hereinafter referred to as
the "Classification") in two categories: (1) retail of general goods (2)
retail of specific goods (please refer to the attached list for details).
The two categories are not similar to each other. However, if according
to general societal concepts and trading situations in the market, retail
services, falling into the two categories respectively, are likely to
cause general service consumers to misidentify them as coming from the
same source or from different but related sources, they shall still be
deemed to be similar services.
4.
The respective services falling into "retail
of specific goods" as set forth in the attached list are not similar.
However, if according to general societal concepts and trading situations
in the market, any services, falling into the said category, are likely
to cause general service consumers to misidentify them as coming from
the same source or from different but related sources, they shall still
be deemed to be similar services.
5.
Neither "retail of general goods" nor "retail
of specific goods" shall be used as the name of services designated for
service mark applications. Retail services designated for a service mark
application shall be specified item by item according to the nature of
the services provided by making reference to the list attached hereto.
6.
Since the public notification of accepting
service mark applications filed by the retailers on 23 December 1997,
"department stores and supermarkets" originally classified in Class 42
shall be moved to Class 35.
7.
For any service mark application in respect
to retail services in Class 42 of the Classification filed before the
publication date of the said notice, the services designated for such
application shall still be classified in the class as originally designated
when the application was filed.
8.
"Agency and distribution services" classified
in Class 35 of the Classification refers to the activity of acting as
an agent to promote another person's goods for the interests of such other
person, on a remunerative basis. The subject of the services provided
thereunder feature an agency act, while "retail services" are meant to
provide selling places or marketing channels convenient for shopping.
Thus, the two kinds of services are different in nature or target consumers,
and are not similar services. Nevertheless, if the goods involved in "retail
of specific goods" or in "acting as an agent to distribute specific goods",
and the goods designated for a trademark application, under general societal
concepts and trading situations in the market, are likely to cause people
to misidentify the services and the goods as coming from the same source
or from different but related sources, these services and goods shall
still be deemed as similar.
9.
If a mark is originally registered for
the service "retail of general goods" as given in the list attached to
these main points, but is actually used with respect to "retail of specific
goods", such use does not constitute use of the registered mark and it
is not allowed to apply for restriction of the registered service to "retail
of specific goods".
351800
Retail of general goods
1.
Department stores
2.
Supermarkets
3.
Convenience stores
4.
Small supermarkets
5.
Shopping centers
Remarks:
1.
"Retail of general goods" and "retail of specific goods," in principle, are not similar to each other. However, if according to general societal concepts and trading situations in the market, any services, falling into the said two categories respectively, are likely to cause general service consumers to misidentify them as coming from the same source or from different but related sources, they shall still be deemed to be similar services.
2.
Neither "retail of general goods" nor "retail of specific goods" shall be used as the name of services designated for service mark applications. Retail services designated for a service mark application shall be specified item by item according to the nature of the services provided.
3.
Neither "wholesale stores" nor "distribution centers" shall be used as the name of services designated for service mark applications.
4.
"Chain" refers to a type of operation rather than the subject of services, and thus it shall not be used as the name of services designated for service mark applications.
351900
Retail of specific goods
1.
Retail of agricu tural, livestock, and aquatic products
2.
Retail of foods and drinks
3.
Retail of piecegoods, clothing, and accessories
4.
Retail of furniture, furnishings, and decorations
5.
Retail of hardware and household daily necessities
6.
Retail of chemical products
7.
Retail of pharmaceutical preparations and cosmetics
8.
Retail of cultural, educational, recreational, and entertainment articles
9.
Retail of clocks and watches
10.
Retail of glasses
11.
Retail of construction materials
12.
Retail of electrical, electronic, and mechanical appliances
13.
Retail of cars, motorcycles, and bicycles, and their parts and components
14.
Retail of jewelry and precious metals
15.
Retail of photographic apparatus.
Remarks:
1.
"Retail of general goods" and "retail of specific goods," in principle, are not similar to each other. However, if according to general societal concepts and trading situations in the market, any services, falling into the said two categories respectively, are likely to cause general service consumers to misidentify them as coming from the same source or from different but related sources, they shall still be deemed to be similar services.
2.
Neither "retail of general goods" nor "retail of specific goods" shall be used as the name of services designated for service mark applications. Retail services designated for a service mark application shall be specified item by item according to the nature of the services provided.
3.
Neither "wholesale stores" nor "distribution centers" shall be used as the name of services designated for service mark applications.
4.
"Chain" refers to a type of operation rather than the subject of services, and thus it shall not be used as the name of services designated for service mark applications.
In case of any discrepancy between this English translation
and the original Chinese
text of the Law,the Chinese text shall govern.
