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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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1  Celestial bodies, natural phenomena, geographical maps
2  human beings
3  Animals
4  Supernatural, fabulous, fantastic or unidentifiable beings
5  Plants
6  Landscapes
7  Constructions, structures for advertisements, gates or barriers
8  Foodstuffs
9  Textiles, clothing, sewing accessories, headwear, footwear
10 Tobacco, smokers' requisites, matches, travel goods, fans, toilet articles
11 Household utensils
12 Furniture, sanitary installations
13 Lighting, wireless valves, heating, cooking or refrigerating equipment, washing machines, drying equipment
14 Ironmongery, tools, ladders
15 Machinery, motors, engines
16 Telecommunications, sound recording or reproduction, computers, photography, cinematography, optics
17 Horological instruments, jewelry, weights and measures
18 Transport, equipment for animals
19 Containers and packing, representations of miscellaneous products
20 Writing, drawing or painting materials, office requisites, stationery and booksellers' goods
21 Games, toys, sporting articles, roundabouts
22 Musical instruments and their accessories, music accessories, bells, pictures, sculptures
23 Arms, ammunition, armour
24 Heraldry, coins, emblems, symbols
25 Ornamental motifs, surfaces or backgrounds with ornaments
26 Geometrical figures and solids
27 Forms of writing, numerals
28 Inscriptions in various characters
29 Colours
FAQs

Frequently Asked Questions

Examination on identical or similar trademarks

Examination on Whether a Trademark is Distinctive

Rules for Trademark Review and Adjudication (1995)

Trademark Law of the People's Republic of China (2001 Revision)

Implementing Regulations under the Trademark Law of the People's Republic of China(2002 Revision)

Trademark Figurative Elements International Classification

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