Measures For Registering And Managing Collective Trademarks And Certification Marks (1)

The first article is formulated according to the third provisions of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

The registration and management of second collective trademarks and certification marks shall be carried out in accordance with the relevant provisions of the trademark law and the regulations on the implementation of the Trademark Law of the People's Republic of China (hereinafter referred to as the implementing regulations) and the present measures.

The provisions of the third measures for commodities are applicable to services.

Fourth applications for collective trademark registration shall be attached to the main body qualification certificate, and the names and addresses of the members of the collective organization should be specified in detail. The registration of the geographical indications as collective trademarks should be accompanied by the certificate of the main body qualification, and the detailed description of the professional and technical personnel and professional testing equipment that the company has or the entrusted organization shall show in detail, so as to demonstrate its ability to supervise the use of the specific quality of the commodity.

A group, association or other organization that applies for registering geographical indications as collective trademarks shall be composed of members from the geographical area marked by the geographical indications.

The fifth application for certification trademark registration shall be attached to the main body qualification certificate and shall specify in detail the professional and technical personnel and professional inspection equipment provided by the institution or the entrusted organization, so as to show that it has the ability to monitor the specific commodity quality as specified by the certification trademark.

Sixth applications for geographical indications as collective trademarks and certification marks shall also be attached to the approval documents of the people's government or the competent departments of industry under the jurisdiction of the geographical indications.

If a foreigner or a foreign enterprise applies for registering a geographical mark as a collective trademark or a certification trademark, the applicant shall provide the geographical indication with the proof of its legal protection in its original country in its name.

In the seventh application of geographical indications as collective trademarks and certification marks, the following contents should be stated in the application: the specific quality, reputation or other characteristics of the commodities marked by the geographical indications; (two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and cultural factors in the area marked by the geographical indications; and (three) the scope of the geographical indications indicated by the geographical indications.

The eighth geographical indications for the registration of collective trademarks and certification marks may be the names of the areas marked by the geographical indications, or the other visual signs that can indicate the origin of a commodity.

The area mentioned in the preceding paragraph does not need to be exactly the same as the name and scope of the existing administrative divisions in the area.

Ninth geographical symbols of wine constitute homonyms or homographs. Each geographical indication can be registered as a collective trademark or a certification trademark when these geographical indications can be distinguished from each other and do not mislead the public.

The rules for the use and administration of the tenth collective trademarks should include: the first is the purpose of using the collective trademarks; (two) the quality of the commodities that are used by the collective trademarks; and (three) the procedures for using the collective trademarks;