qualifications and conditions of the applicant for certification trademark registration
(1) According to the provisions of Article 3 of the Trademark Law and Article 2 of the Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks (first revised edition on December 12, 1998), the main qualification scope of the applicant for trademark registration in China is:
"an organization capable of supervising a certain commodity or service"
.
B, there must be the applicant's main qualification certificate issued by the local industrial and commercial administration department, that is, the legal document that the applicant is registered according to law and has the legal person qualification, and at the same time, the certificate issued by the competent department that the applicant has the ability to detect and supervise the specific quality of the goods or services designated for registration should be provided. The competent department generally refers to the competent department at or above the central or provincial level.
C, it is necessary to formulate the management rules for the use of the applied certification trademark.
< Supplement > Examination of the application for registration of certification marks:
According to the Trademark Examination Standards, the examination of the application for registration of certification marks mainly includes the examination of the applicant's subject qualification and the examination of the management rules for the use of certification marks.
I. examination of the applicant's subject qualification
(1) the applicant shall submit the documents certifying his legally established subject qualification. The main qualification documents include the business license of the enterprise, the approval documents of the establishment of public institutions and social organizations according to law, etc.
(2) The applicant shall have the ability to supervise the quality of the specific goods certified by the certification trademark. The applicant shall submit materials detailing that it has corresponding professional technicians and professional testing equipment, or the institutions entrusted by it have professional technicians and professional testing equipment, etc.
ii. review of the management rules for the use of certification marks
the management rules for the use of certification marks shall include the following main contents:
(1) the purpose of using certification marks;
(2) the specific quality of the goods certified by the certification trademark;
(3) the conditions for using the certification trademark;
(4) procedures for using the certification trademark;
(5) the rights and obligations to use the certification trademark;
(6) the responsibility that the user should bear for violating the use management rules;
(7) the inspection and supervision system of the registrant for the goods using the certification trademark.
In addition, the Trademark Office will also examine whether the certification trademark violates the provisions of Article 1, paragraph 1, Article 11, Article 28 and Article 29 of the Trademark Law.