Measures For The Registration And Administration Of Collective Trademarks And Certification Marks?

Article 1. These measures are formulated in accordance with the third provisions of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

Second article

The third provisions of this approach related to commodities are applicable to services.

The fourth application for collective trademark registration shall be accompanied by the main body qualification certificate, and the name and address of the collective organization should be specified in detail. The registration of the geographical indication as a collective trademark should be accompanied by the certificate of the main body qualification, and the detailed description of the professional and technical personnel and the 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 the registration of a certification trademark shall be accompanied by the certificate of the main body qualification, and the details of the professional and technical personnel and the professional testing equipment that the company has or the entrusted organization shall show in detail, so as to demonstrate its ability to supervise the specific commodity quality as evidenced by the certification trademark.

The sixth application for registering a geographical indication as a collective trademark or a certification trademark shall also be accompanied by the approval document of the people's government or the competent department in charge of the area marked by the geographical indication.

If a foreigner or a foreign enterprise applies for registering a geographical indication 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.

The seventh, if a geographical indication is used as a collective trademark or a certification trademark registration, the following contents shall be specified in the application form:

(1) the specific quality, reputation or other characteristics of the commodity marked by the geographical indication;

(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 indication;

(three) the scope of the area marked by the geographical indication.

The eighth geographical indication, as a collective trademark or certification trademark, may be the name of the area marked by the geographical indication, or any other visible sign 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 indications of multiple wines consist of 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.