What is the essence of collective mark and certification mark registration applications
Substantive examination of collective mark and certification mark registration applications It is an examination of whether a trademark meets the conditions for registration. It is an examination in accordance with the relevant provisions of the Trademark Law, that is, whether the trademark is prohibited by Article 10 of the Trademark Law; whether the trademark has distinctive features and is easy to identify (Article 10 of the Trademark Law) Article 11); whether the trademark conflicts with prior rights (Articles 28 and 29 of the Trademark Law.
Based on the meaning of collective marks and certification marks, substantive examination has its special aspects, as follows:
1. Review of collective trademarks
According to the definition of collective trademark in Article 3 of the Trademark Law and the provisions of Article 6 of the Implementation Regulations of the Trademark Law, collective trademark In addition to the above, the substantive examination also needs to examine the subject qualifications of the registrant and the management rules for the use of the trademark-
The review of applicant qualifications for collective marks has been stated in Chapter 2, Section 1bright.
The review of collective trademark use management rules includes:
(1) The purpose of using the collective trademark, Its purpose and significance must not violate legal provisions and public order:
(2) Whether there are specific requirements for the quality of the goods or services using the collective trademark and how to implement the inspection system during use;
(3) Whether the user is its member and all collective members, and whether it is fair;
(4) Whether it stipulates specific conditions for its collective members to use the trademark, How to fulfill the procedures for using the trademark with its members;
(5) Whether the rights, obligations and responsibilities of collective members for violating the rules are stipulated:
(6) Whether the management fees collected are used for the management of its trademarks and not for profit:
(7) Rights of the registrantWhether the rights and obligations comply with legal provisions.
2. Certification trademark Review
According to Article 3 of the Trademark Law According to the definition of certification marks and Article 6 of the "Regulations for the Implementation of the Trademark Law", the substantive examination of certification marks also requires examination of the registrant's qualifications and the management rules for the use of the trademark.
Certify that the trademark is a trademark jointly used by multiple people , the use of this trademark has the significance of guiding consumers to choose goods or services, and is closely related to the interests of consumers. Therefore, when reviewing the applicant's qualifications, the main consideration is whether the applicant has the ability to supervise the specific quality of the goods to be certified for the certification mark applied for registration.
The review of the rules governing the use of certification marks includes:
(1) The purpose of using the certification mark, Its purpose and significance shall not violate legal provisions and public order;
(2) The specific quality and characteristics of the goods or services certified by the trademark and their authenticity;
(3) Conditions and procedures for users to use the trademark;
(4) Whether the rights, obligations and responsibilities of users for violating the rules are stipulated:
(5) Whether a certification document has been established to certify the use of the trademark A system whereby the applicant carries out inspection on the goods marked with the trademark;
(6) Whether the management fees collected are used for the management of its trademarks and not for profit;
(7) Whether the rights and obligations of the registrant comply with legal provisions:
3. Review of geographical indications
For geographical indications as collective marks or certification marks, the substantive examination should also include:
(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 geographical scope marked by the geographical indication.
The registration of geographical indications is determined by the Trademark Office based on facts.
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