China Trade Marks – Inclusion of Retail and Wholesale services relating to medicines and pharmaceuticals

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The China Trade Marks Office (CTMO) recently announced that from 1 January 2013 it is accepting applications to register trade marks in relation to retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies only in class 35.

Prior to this, the CTMO had always rejected trade mark applications for retail and wholesale services. Brand owners generally had to rely on registering trade marks under vague descriptions such as "Intermediary business services relating to the commercialization of…", to try to obtain trade mark coverage for their retail or wholesale business in China.

We recommend that brand owners providing retail or wholesale services in the pharmaceutical or medical industry in China file new trade mark applications in China in class 35.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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