What is the sample management rule for the use of geographical indication certification trademarks
XX Association (institution)
"XX" geographical indication certification trademark use management rules
p>Chapter 1 General Provisions
Article 1 is for the purpose of promoting (the geographical indication certification mark designated by production and operation of goods or services), improve the quality of goods (or services), maintain and enhance the reputation of "" geographical indication certification trademarks in domestic and foreign markets, and protect the legitimate rights and interests of users and consumers. According to the "People's Republic of China" The Trademark Law, the Implementation Regulations of the Trademark Law of the People's Republic of China and the "Registration and Management Measures for Collective Trademarks and Certification Trademarks" of the State Administration for Industry and Commerce formulate these rules.
Article 2 "XX" is a geographical indication certification trademark approved and registered by the Trademark Office of the State Administration for Industry and Commerce. It is used to prove that (this geographical indication certification trademark is designated goods or services) the region of origin and specific quality of the product.
Article 3 (Geographical Indication Registrant) is the registrant of the "XX" geographical indication certification trademark and enjoys exclusive rights to the trademark.
Article 4. Application for the use of the "XX" geographical indication certification mark shall be subject to review and approval by the (registrant of the geographical indication) in accordance with the provisions of these rules.
Chapter 2 Conditions for Use of "XX" Geographical Indication Certification Trademark
Article 5 The geographical scope of production of goods using the "XX" geographical indication certification mark (the scope is specific to towns and villages, or demarcated by mountains and rivers) and the specific natural geographical environment of the region.
Article 6 The specific quality (including sensory and quantitative indicators) of the goods (or services) using the "XX" geographical indication certification mark.Article 7 Special requirements for the planting, breeding and processing of goods using the "XX" geographical indication certification mark (products that do not require processing or manufacturing shall not write this).
Article 8 Product operators who meet the above conditions for use may apply to use the "XX" geographical indication certification trademark.
Chapter 3 "Application Procedures for the Use of Geographical Indication Certification Trademarks"
Article 9 Applicants applying to use the “XX” geographical indication certification trademark should submit an “Application Form for the Use of Geographical Indication Certification Trademark” to “XX” (the geographical indication registrant).
Article 10 (Geographical indication registrant) shall complete the following review work within XX days after receiving the application submitted by the applicant:
1. (The geographical indication registrant) sends people to conduct on-site inspections of the applicant’s products and origin.
2. After comprehensive review, make written review opinions.
Article 11 Complies with “XX” geographical indication To certify the conditions for use of a trademark, the following matters should be handled:
1. Both parties sign the "Geographic Indication Certification Trademark Use License Contract";
2. Apply for the "Geographical Indication Certification Trader Standard Certificate";
3. Apply for the Geographical Indication Certification Trademark Logo ;
4. The applicant pays the management fee.
Article 12 If the applicant is not approved to use the "XX" geographical indication certification mark, he or she may, within XX days from receiving the review opinion notice, apply to the county where the registrant is located. If the industrial and commercial administration department at or above the level appeals, the geographical indication registrant shall respect the ruling opinions of the industrial and commercial administration department.
Article 13 The "XX" geographical indication certification trademark use license contract is valid for XX years. Those who continue to use it after the expiration must submit a request to the (geographical indication registrant) within XX days before the expiration of the contract. Those who fail to apply for contract renewal within the time limit will not be allowed to use the trademark after the contract expires.
Chapter 4 Rights and Obligations of Licensed Users of "XX" Geographical Indication Certification Trademark
Article 14 The rights of licensed users of the "XX" geographical indication certification trademark:
1. Use the geographical indication on their products or packaging Certification trademark and "Special Mark for China Geographical Indication Products";
2. Use the "XX" geographical indication certification trademark for product advertising;
3. Priority in participating in technical training, trade negotiations, information exchange activities, etc. hosted or co-organized by the (geographical indication registrant);
4. Supervise the use of geographical indication certification trademark management fees;
5. Other rights (to be stipulated by the geographical indication registrant according to specific circumstances) ).
Article 15 Obligations of licensed users of the "XX" geographical indication certification trademark:
1. Maintain the specific quality, quality and reputation of the "XX" geographical indication certification trademark products and ensure stable product quality;
2. Accept (geographical indication registration Personnel) conduct irregular testing of product quality and supervision of trademark use;
3. Users of the "XX" geographical indication certification trademark should have dedicated personnel responsible The management and use of the geographical indication certification trademark must ensure that the "XX" geographical indication certification trademark does not get out of control, is not misappropriated, and is not lost. The "XX" geographical indication certification trademark is not allowed to be transferred, sold, or donated to others, and no license is allowed to others. Use the "XX" geographical indication certification mark;
4. Other obligations (stipulated by the geographical indication registrant based on specific circumstances).
Chapter 5 Management of “XX” Geographical Indication Certification Trademark
Article 16 (Geographical Indication Registrant) is the management agency of the "XX" geographical indication certification mark, and specifically implements the following work:
1. Responsible for the formulation and implementation of the "Management Rules for the Use of Geographical Indication Certification Trademarks";
2. Organization and supervision Use the geographical indication certification mark and the "Special Mark for Chinese Geographical Indication Products" in accordance with regulations;
3. Responsible for the use of the geographical indication certification mark on the goods (or services) project) to carry out all-round tracking and management;
4. Supervise and test the quality of goods (or service items);
5. Maintain the exclusive rights of the "XX" geographical indication certification trademark;
6. Assist the industrial and commercial administration department in investigating and handling infringement and counterfeiting cases ;
7. Deal with operators who violate these rules.
Article 17 Modifications to the provisions of these rules shall be reviewed and approved by the Trademark Office and shall take effect from the date of announcement.
The license contract signed between the (registrant of geographical indication) and the licensee of the "XX" geographical indication certification mark shall be submitted to the Administration for Industry and Commerce where both parties are located. It shall be kept for inspection and submitted to the Trademark Office of the State Administration for Industry and Commerce for filing, and the Trademark Office shall announce it.
Article 18 (Geographical Indication Registrant) To ensure the scientificity, seriousness, impartiality and authoritativeness of the use of the "XX" geographical indication certification trademark , sincerely invite relevant departments and social groups to supervise, and also accept and handle complaints from consumers who use the "XX" geographical indication certification trademark products.
Chapter 6 Protection of "XX" Geographical Indication Certification Trademark
Article 19 The "XX" geographical indication certification trademark is protected by relevant laws. If acts such as counterfeiting and infringement occur, (the geographical indication registrant) will organize the collection of evidence materials and provide necessary rewards to reporting units and individuals.
Article 20: Any unauthorized inclusion in this application package without the permission of the (registrant of geographical indications)If the same or similar trademark as the "XX" geographical indication certification mark is used on the goods (or services) covered by the geographical indication, the (registrant of the geographical indication) will submit a request to the industrial and commercial administration in accordance with the provisions of the Trademark Law of the People's Republic of China and relevant laws and regulations. The management department shall investigate and deal with the infringement in accordance with the law or file a lawsuit with the People's Court; if the circumstances are serious and constitute a crime, the infringement shall be reported to the judicial authority to investigate the criminal liability of the infringer in accordance with the law.
Article 21 If the user of the "XX" geographical indication certification mark violates these rules, the (registrant of the geographical indication) has the right to withdraw his/her "Geographical Indication" "Certificate of Standard Use of Certification Trademark", withdraw the received geographical indication certification trademark logo, terminate the geographical indication certification trademark use license contract with the user; if necessary, request the industrial and commercial administrative agency to investigate and deal with it, or seek judicial resolution.
Chapter 7 Supplementary Provisions
Article 22 Certificate of Use of “XX” Geographical Indication The specific management fee standards for trademarks shall be implemented by the (geographical indication registrant) in accordance with relevant national regulations and submitted to the relevant departments for review and approval.
Article 23 The management fee for the "XX" geographical indication certification trademark is earmarked exclusively for trademark registration, renewal, and printing of geographical indication certification. Trademark identification and "Special Mark for China Geographical Indication Products" identification, testing products, accepting complaints about geographical indication certification trademarks, collecting case evidence materials and publicizing geographical indication certification trademarks, etc., to ensure the "XX" geographical indication certification trademark goods (or services) )'s reputation and safeguard the legitimate rights and interests of users and consumers.
Article 24 These rules will take effect from the date the Trademark Office of the State Administration for Industry and Commerce approves the registration of the geographical indication certification trademark.
(registrant’s stamp)
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