How to apply for registration of a collective trademark
Collective trademark is also known as A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. A collective trademark is not the trademark of an individual company, but the trademark of an organization composed of multiple companies. A collective trademark can be used for goods or services. A collective trademark is jointly used by members of the organization and cannot be used by non-members of the organization and cannot be transferred. In order to adapt to the "shared" and "shared" characteristics of a collective trademark, unified rules should be formulated for its registration, use and management, which should be made public and abided by the collective members under the supervision of the public.
The collective trademark is valid for 10 years, and the exclusive right is calculated from the date of approval of registration.
Applicant qualifications for collective trademark registration and Conditions
(1) According to Article 3 of the "Trademark Law" and the "Registration and Management Measures for Collective Marks and Certification Marks" (12, 1998) According to Article 2 of the First Revised Edition), the scope of subject qualifications for domestic trademark registration applicants applying for collective trademarks is:
"Industrial and commercial groups, associations or Other collective organizations”
(2) The conditions that should be met are:
A. Must It is an enterprise or institution that has been registered in accordance with the law and has legal person status. The enterprise or public institution should be an organization, which can be an industrial or commercial group, an association, a trade or other collective organization, rather than a single enterprise or individual operator;
B. Applicants must have a certificate issued by the local industrial and commercial administration departmentProof of subject qualification, that is, a legal document in which the applicant is registered in accordance with the law and has legal person status, which can be the business license of the enterprise, or the approval document for the legal registration of a public institution or mass organization;
C. The management rules for the use of the applied collective trademark must be formulated.
Processing Channels
There are two ways to apply for registration of a collective trademark Methods:
(1) Entrust a nationally recognized trademark agency to handle the matter.
(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.
Processing steps
(1) Entrust a trademark agency When applying for certification trademark registration, the applicant can voluntarily choose any nationally recognized trademark agency to handle it.
(2) If the applicant goes directly to the trademark registration hall of the Trademark Office to apply for collective trademark registration, the applicant can follow the following steps:
Inquiry before application (optional procedure) → Prepare application documents → Submit application documents at the trademark registration hall acceptance window → Print the barcode at the coding window → At the payment window Pay the trademark registration fee → the Trademark Office will issue a "Notice of Acceptance" in about one month → apply for trademark registration and correction (optional procedure)
Application documents Preparation
(1) Application documents required for collective trademark
1. An application form for trademark registration.
2. Documents and copies of the collective trademark applicant’s subject qualifications, or a valid copy with the applicant’s seal.
3. If a geographical indication is used as a collective trademark, the following content should be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication
(2) The relationship between the specific quality, reputation or other characteristics of the product and the natural and human factors of the area marked by the geographical indication;
(3) The scope of the area marked by the geographical indication.
4. Management rules for the use of collective trademarks.
5. If you apply for registration directly, you must submit the ID card and copy of the person in charge; if you entrust a trademark agency to apply for registration, you must submit the trademark Power of attorney.
6. If the collective trademark applied for registration is a portrait of a person, a notarized declaration document from the portrait owner agreeing to register the portrait as a trademark should be attached.
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