1. What are the requirements for registering a geographical indication as a collective trademark
1 The requirements for registering a geographical indication as a collective trademark are as follows:
(1) If a geographical indication is registered as a certification mark, its products must meet the conditions for using the geographical indication. A natural person, legal person or other organization may request to use the certification mark, and the organization that controls the certification mark shall allow it.
(2) If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose products meet the conditions for the use of the geographical indication may request to participate in the registration of the geographical indication. A group, association or other organization that registers the geographical indication as a collective trademark shall be admitted as a member in accordance with its articles of association; if it is not required to join a group, association or other organization that registers the geographical indication as a collective trademark, The geographical indication can also be used legitimately, and the group, association or other organization has no right to prohibit it.
2. Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Fourth Geographical indications stipulated in Article 16 of the Trademark Law may apply for registration as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.
If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request the use of the certification mark and control the registration mark. Certification marks should be allowed by the organization. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; groups, associations or other organizations that are not required to register the geographical indication as a collective trademark may also legitimately use the geographical indication, and the group, association or other organization mayOther organizations have no right to ban.
2. Application for use of geographical indication trademark protection
For geographical indication products to be protected, corresponding national standards and local standards should be formulated based on factors such as the product category, scope, popularity, production and sales of the product, etc. standards or regulatory practices. The national administrative department for standardization organizes the drafting and issuance of national standards for products protected by geographical indications; the administrative departments for standardization of provincial local people's governments organize the drafting and issuance of local standards for products protected by geographical indications. The quality inspection of geographical indication protected products shall be undertaken by inspection agencies designated by the provincial quality and technical supervision department and the entry-exit inspection and quarantine department directly under the jurisdiction. If necessary, the General Administration of Quality Supervision, Inspection and Quarantine will organize re-inspection. To use the special mark for geographical indication products, producers within the origin of geographical indication products should apply to the local Quality and Technical Supervision Bureau or Entry-Exit Inspection and Quarantine Bureau and submit the following information:
(1) Application form for the use of special marks for geographical indication products.
(2) Certificate issued by the local government department that the product is produced in a specific region.
(3) Inspection report issued by the relevant product quality inspection agency.
After the above application has been reviewed by the provincial Quality and Technical Supervision Bureau or the directly affiliated Entry-Exit Inspection and Quarantine Bureau, and has been reviewed and qualified by the General Administration of Quality Supervision, Inspection and Quarantine, an announcement will be issued. Producers can use the special mark for geographical indication products on their products and obtain geographical indication product protection.
According to the provisions of the "Regulations on the Implementation of the Trademark Law", geographical indications can apply for certification trademarks and collective trademarks. For example. If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request the use of the certification mark, and the organization that controls the certification mark shall allow it. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
