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Registration and Management Measures for Collective Trademarks and Certification Trademarks (Revised in 1998)

Article 1. According to the "Trademark Law of the People's Republic of China" and the "Implementing Rules of the Trademark Law of the People's Republic of China" (hereinafter referred to as the "Trademark Law" and "Rules" respectively), Formulate these measures. Article 2 Collective trademarks refer to commodity trademarks or service trademarks used by members of industrial and commercial groups, associations or other collective organizations to indicate that operators of goods or providers of services belong to the same organization.

A certification mark is controlled by an organization that has the ability to detect and supervise certain goods or services, and is used on goods or services by people other than it to certify the origin of the goods or services. Goods or service marks of origin, raw materials, manufacturing methods, quality, precision or other specific qualities. Article 3 The Trademark Office shall establish a "Collective Trademark Registration Book" and a "Certification Trademark Registration Book" to register collective trademarks and certification marks. Enterprises and institutions that meet the provisions of Article 2 of the "Detailed Rules" and have legal person status may apply for registration of collective trademarks or certification trademarks. Collective trademarks and certification trademarks approved and registered by the Trademark Office are protected by law. Article 4 To apply for the registration of a collective trademark or a certification mark, the applicant shall submit the "Application for Trademark Registration", trademark drawings and black and white ink drafts of the trademark to the Trademark Office in accordance with the provisions of Article 9 of the "Detailed Rules", and at the same time attach the subject qualification certificate and the trademark registration certificate. Rules governing the use of trademarks.

When applying for certification trademark registration, you should also provide certification documents issued by the relevant competent authorities stating that the applicant has the ability to detect and supervise the specific quality of a certain product or service. Article 5 The management rules for the use of collective trademarks shall include:

(1) The purpose of using the collective trademark;

(2) The collective members who use the trademark;

(3) Quality of goods or services using the collective trademark;

(4) Conditions for using the trademark;

(5) Procedures for using the trademark;

(6) Rights, obligations and responsibilities of collective members for violating the rules.

The management rules for the use of certification trademarks should include:

(1) The purpose of using the certification trademark;

(2) The quality of the goods or services certified by the trademark Specific qualities and characteristics;

(3) Conditions for using the trademark;

(4) Procedures for using the trademark;

(5) Use of certification marks rights and obligations and responsibilities for violating this rule. Article 6 The Trademark Office shall review the accepted applications for registration of collective trademarks or certification marks in accordance with the relevant provisions of the Trademark Law, the Detailed Rules and these Measures, and shall examine the words, graphics and their combinations that truly represent the specific qualities of the certification mark. should be approved.

The content of the preliminary approval announcement of collective trademarks and certification trademarks shall include the full text or summary of the management rules for the use of the trademark. Article 7 All members of the collective trademark registrant may use the collective trademark, but must complete necessary procedures in accordance with the collective trademark use management rules.

Collective trademarks may not be licensed to non-collective members. Article 8 Anyone who meets the conditions stipulated in the management rules for the use of certification marks may use the certification mark after completing the procedures specified by the registrant. If the goods or services provided by the party meet the conditions specified in the certification trademark, the registrant shall not refuse its use. Article 9 Any modification to the management rules for the use of collective trademarks and certification marks shall be reviewed and approved by the Trademark Office and shall take effect from the date of announcement. Article 10 The registrant of a certification mark shall, within one month after completing the formalities for using the certification mark with others, report the user's name, address, used goods or services, etc. to the Trademark Office for record, and the Trademark Office shall make an announcement. Article 11 The registrant of a certification mark shall not use the certification mark on the goods or services he provides. Article 12 When certifying the transfer of a trademark, the transferee shall provide the certification documents specified in Article 4 of these Measures, which shall be reviewed by the Trademark Office and announced upon approval, and shall take effect from the date of announcement.

Collective trademarks are not transferable.

Article 13 Anyone who violates the provisions of Articles 10, 11 and 12 of these Measures may be ordered by the Trademark Office to make corrections within a time limit, given a warning depending on the circumstances, and imposed a fine of not more than three times the amount of illegal income, but no more than If the amount is 30,000 yuan and there is no illegal income, a fine of not more than 10,000 yuan shall be imposed. Article 14 If the registrant of a certification mark fails to perform its control duties, causing the goods or services of the user of the certification mark to fail to meet the requirements of the management rules for the use of certification marks, thereby causing damage to consumers, the registrant shall be liable for compensation.

If the registrant of a collective mark or certification mark loses control over the use of his mark, the Trademark Office may order him to make corrections within a time limit, give him a warning depending on the circumstances, and impose a fine of not more than three times the illegal income, but not more than If the amount exceeds 30,000 yuan and there is no illegal income, a fine of not more than 10,000 yuan shall be imposed. Article 15 If a collective trademark or certification mark is revoked or expires and is not renewed, the Trademark Office will not register any trademark that is identical or similar to the trademark within two years from the date of cancellation or expiration. Article 16 If the exclusive rights of collective trademarks or certification trademarks are infringed, the registrant may request the industrial and commercial administrative authorities to handle the matter in accordance with the relevant provisions of the Trademark Law and the Detailed Rules, or directly file a lawsuit with the People's Court. People can participate in the above requests as interested parties.