General
Notes on Vienna Classification
Please refer to: Vienna
Agreement Establishing an International Classification of the
Figurative Elements of Marks
(a) Figurative
elements should be placed in the different categories, divisions
and sections on the basis of their shape, regardless of their
material composition or the purpose of the object in which they
are incorporated. Consequently, toys in the form of dolls,
animals and vehicles are placed in the categories for human beings,
animals and vehicles, respectively. Similarly, persons, animals
or objects of any kind represented in pictures or sculptures,
for instance, are placed in the categories for human beings, animals,
or the objects concerned. If the pictures or sculptures
are widely known and famous, they should also be placed in the
division provided for that purpose (division 22.5).
(b) The representation of an object forming
part of another object should be classified under the same category,
division and section as the object of which it forms part, unless
expressly classified in another category, division and section.
Thus, the bodywork of a motor vehicle is placed in sections 18.1.7
and A 18.1.9, as are motor vehicles, whereas the tyres, wheels
or steering wheel of such a vehicle are placed in section 18.1.21,
expressly intended for these parts of motor vehicles.
(c) If a figurative element is presented in such a way
that it is not possible to determine clearly whether it belongs
to a given division or section, it should be placed in both divisions
or sections, unless there is a special note to the contrary.
If, for example, the representation of a human being is not such
that it can be clearly determined whether it is a man or a woman,
it is placed in both of the divisions 2.1 and 2.3.
(d) The representation of an object or
of a living creature similar to that of an object or of a living
creature mentioned in the text of a given section is placed in
that section even if it is not expressly mentioned there or in
any other section.
(e) It is understood that, if a mark
comprises several figurative elements, each of which having its
own distinctive characteristic and being classified in a different
category, division and section, these figurative elements should
be placed in the appropriate different categories, divisions and
sections. Thus, the label of a bottle comprising the
representation of a castle and a characteristic form of writing
is placed in the appropriate divisions and sections of categories
7 and 27; in the same way, the representation of a man in uniform,
on horseback and playing a trumpet, is placed in the three sections
2.1.2, 2.1.20 and 2.1.9.
(f)There are two types of
sections: preceded with "A" , which are auxiliary sections
associated with principal section or without "A", which
are principal sections.
(g)The Trademark
Office of China considers some auxiliary sections as principal
sections:
which
are£ºA2.1.23
A2.5.22 A3.1.24 A3.2.24 A3.3.24 A3.4.24 A3.5.24 A3.7.24 A3.9.24
A3.11.24 A3.13.24 A5.5.20 A29.1.11
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