1. Definition of geographical indications and collective trademarks
World Trade Organization’s relevant trade In the Intellectual Property Agreement, geographical indications are defined as:
A sign that identifies products originating in the territory of a member state or a region or place in that territory , but the quality, reputation or other defining characteristics of the marked product should mainly be determined by its place of origin.
Therefore, geographical indications are mainly used to identify the origin of a certain product, which is the origin indication of the product. Geographical indications are also a type of intellectual property.
The definition of collective trademark and certification mark can refer to Article 3 of the "Trademark Law":
The term “collective trademark” as mentioned in this Law 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.
Certification trademarks as used in this Law refer to those controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization For its goods or services, marks used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
2. The difference between geographical indications and collective trademarks
Application Department Different:
Geographical indications can be legally registered and managed in the form of collective trademarks or certification marks in the Trademark Office of the State Administration for Industry and Commerce, or they can be registered and managed in the State Administration of Quality Supervision, Inspection and Quarantine and the State Administration of Quality Supervision, Inspection and Quarantine. The Ministry of Agriculture protects and manages them in the form of registration.
Geographic indications are protected in the form of trademarks by the National Trademark Office, more powerful.
Collective trademarks and certification marks can only be registered and protected at the Trademark Office of the State Administration for Industry and Commerce.
This is also a symbol of geographical tagging
The subject of use is different:
Geographical indications are formed based on the natural conditions of the place of origin and the collective wisdom of generations of workers in the place of origin. They should be collectively owned by the workers in the place of origin.
Collective trademarks can only be used by members of the collective, and may not be used by members outside the organization.
Certification marks should show their openness. As long as the goods or services they operate meet the specific quality of the management rules, they can be required to use the certification mark, but the applicant cannot Use (mainly responsible for supervising the use of others).
3. The significance of geographical indications and collective trademark protection
1. Certification trademarks are used to guarantee the specific quality of the goods used, which is helpful for companies to promote goods to the market, and also helps consumers choose goods and ensure the quality of goods.
2. The registration of collective trademarks is conducive to creating the credibility of the collective and expanding its influence. The use of collective trademarks itself has advertising benefits, is conducive to achieving economies of scale, and expanding domestic and international market influence.
Our country has a vast territory and rich resources, and there are many special products with origin significance. Timely protection of cultural products can prevent the loss of our country's precious wealth.
Since a geographical indication must originate from a certain region, and the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region.
While clearly distinguishing between them, we should protect the trademarks to ensure the quality of the goods and promote the rapid development of the entire industry. If readers have other unclear legal issues, the Legal Savior Network also provides online lawyer consultation services. You are welcome to consult.
