Further to our previous article on the growing prominence of Class 35 trademarks in China, we will now explore two common misunderstandings that have led many applicants to believe the Class 35 trademark is a must-have "trump card" in the Chinese market - the scope of the Class 35 specification and the requirements for setting up a Tmall store.
The first misunderstanding concerns the meaning of the items listed under the Class 35 specification. This class covers services such as "advertising", "business management", "business administration", and "sales and promotion". Many brand owners wonder if they must obtain registrations for items like "advertising" or "presentation of goods on communication media for retail purposes" before they can promote/launch their own brand.
The answer is “NO”. These specifications in Class 35 relate to providing such services FOR OTHERS, such as marketing companies, marketplaces, and e-commerce platforms. However, this misunderstanding has led many brand owners to apply for Class 35 trademarks unnecessarily, beyond what is required for their own brand promotion/launching.
The second misunderstanding is about the trademark requirements for setting up a Tmall store. As Tmall and Taobao have become the most important e-commerce platforms in China, establishing a Tmall store is a crucial step for brands entering the market. There are four types of Tmall stores:
a) Brand’s Flagship stores, operated by the brand owner or its exclusive licensee;
b) Marketplace’s Flagship stores, operated by the platform and selling products from various brands;
c) Authorized stores, operated by a licensee of a specific brand;
d) Specialty stores, operated by a licensee of brands in the same product category.
If the store represents a specific brand, it must be either a Brand's Flagship Store or an Authorized Store. If the store name is different from the brand being sold, it should be a Marketplace's Flagship Store.
Importantly, only operators of Marketplace's Flagship Stores are required to provide Chinese trademark registrations covering specifications like "sales and promotion for others" or "presentation of goods on communication media for retail purposes" under Class 35. Brand owners setting up their own Brand's Flagship Stores or Authorized Stores only need trademarks registered for the relevant product classes (e.g., Class 3 for cosmetics, Class 18 for shoes, Class 25 for clothing).
Despite this, many brand owners have been misled into believing they must register trademarks in Class 35, even for their own Brand's Flagship Stores, due to the misconception that this is a requirement for Tmall store setup. This has contributed to the widespread perception that the Class 35 trademark is an essential "trump card" in China.
If you have any questions relating to above, you may contact us via Email inquiry@rightipa.com or Tel/Whatsapp +852 5327 3854.
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