Measures for the Management of the Use of Special Signs for Geographical Indications

(Trial)

Article 1 is to strengthen the protection of geographical indications in my country, unify and standardize the use of special signs for geographical indications, In accordance with the "General Principles of the Civil Law of the People's Republic of China", "Trademark Law of the People's Republic of China", "Product Quality Law of the People's Republic of China", "Standardization Law of the People's Republic of China" and " **The Regulations for the Implementation of the Trademark Law of the People's Republic of China", "Provisions on the Protection of Geographical Indication Products", "Measures for the Registration and Management of Collective Trademarks and Certification Marks", and "Measures for the Protection of Foreign Geographical Indication Products" are formulated.

Article 2 The special signs for geographical indications referred to in these Measures refer to official signs applied to geographical indication products organized and produced in accordance with relevant standards, management specifications or usage management rules.

Article 3 The State Intellectual Property Office is responsible for uniformly formulating and promulgating the management requirements for the use of special signs for geographical indications, and organizing and implementing the supervision and management of the use of special signs for geographical indications. The local intellectual property management department is responsible for the daily supervision of the use of special signs for geographical indications.

Article 4 Legal users of special signs for geographical indications shall abide by the principle of good faith and perform the following obligations:

(1) Organize production geography in accordance with relevant standards, management norms and usage management rules Mark products;

(2) Standardize the labeling of special signs for geographical indications in accordance with the requirements for the use of special signs for geographical indications;

(3) Disclose to the public in a timely manner and regularly report to the local intellectual property management The department shall report the use of special signs for geographical indications.

Article 5 The legal users of the special signs of geographical indications include the following entities:

(1) Producers who have been announced and approved to use the special signs of geographical indication products;

< p>(2) Collective members of registrants whose geographical indications have been announced as registered collective trademarks;

(3) Licensees of geographical indications that have been announced and filed as certification trademarks;

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(4) Other users registered with the State Intellectual Property Office.

Article 6 The requirements for the use of special signs of geographical indications are as follows:

(1) Products protected by geographical indications and geographical indications registered as collective trademarks or certification marks use the special signs of geographical indications , the unified social credit code should be marked at the designated location of the special sign for geographical indications. If foreign geographical indication protected products use the special geographical indication mark, the dealer's unified social credit code should be marked at the designated position of the special geographical indication mark. The drawings are as follows:

(2) If the geographical indication protected product uses the special geographical indication mark, the special geographical indication mark and the geographical indication name should be used simultaneously, and the implemented geographical indication should be marked on the product label or packaging. Standard code or approval announcement number.

(3) If a geographical indication registered as a collective trademark or certification mark uses the special mark for geographical indication, the special mark for geographical indication and the collective mark or certification mark should be used at the same time, and the trademark registration number should be added.

Article 7 Legal users of special signs for geographical indications can download basic pattern vectors from the official website of the State Intellectual Property Office. The vector graphics of the special signs for geographical indications can be scaled to scale, and the annotations should be clear and legible. The pattern shape, composition, text font, image and text ratio, color value, etc. of the special signs must not be changed.

Article 8 The special marking methods for geographical indications that legal users of geographical indications may adopt are:

(1) Direct affixing, engraving, branding or weaving, etc. Attach the special geographical indication mark to the product itself, product packaging, containers, labels, etc.;

(2) Use it on additional product labels, product instructions, introduction manuals, etc.;

(3) Use in radio, television, publicly distributed publications and other media, including advertising for geographical indications through billboards, mail advertisements or other advertising methods;

(4) Use in exhibitions including printed materials and other materials using the special signs of geographical indications provided at exhibitions and expositions;

(5) Using the special signs of geographical indications on e-commerce websites, WeChat, and WeChat public Account, Weibo, QR code, mobile application and other Internet carriers;

(6) Other marking methods that comply with laws and regulations.

Article 9 If the legal user of the special mark of a geographical indication fails to organize production in accordance with the corresponding standards, management specifications or relevant use management rules, or fails to use the special mark on the product protected by the geographical indication within 2 years, the knowledge The property rights management department has suspended its qualification to use the special signs of geographical indications.

Article 10 For those who use or forge the special signs of geographical indications without public announcement; or use names or logos that are similar to the special signs of geographical indications and are easily misleading, or use words or patterns that may mislead consumers. , causing consumers to mistake the product for a geographical indication, the intellectual property management department and relevant law enforcement departments will investigate and deal with it in accordance with laws, regulations and relevant regulations.

Article 11 Provincial intellectual property management departments should strengthen daily supervision of the use of special signs for geographical indications in their jurisdictions, and regularly submit the use and supervision information of the previous year to the State Intellectual Property Office. Encourage the use of special signs for geographical indications and daily supervision information to be disclosed to the public through the geographical indication protection information platform.

Article 12 The transition period for the use of the original special signs related to geographical indications is until December 31, 2020. Products produced before December 31, 2020 with the original logo can continue to circulate in the market.

Article 13 The State Intellectual Property Office is responsible for the interpretation of these Measures.

Article 14 These Measures shall be implemented from the date of promulgation.