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Use and management of geographical trademarks

Legal analysis: For geographical indication products to be protected, corresponding national standards, local standards or management regulations should be formulated based on factors such as the product category, scope, popularity, production and sales of the product. The national administrative department for standardization organizes the drafting and issuance of national standards for products protected by geographical indications; the administrative departments for standardization of provincial local people's governments organize the drafting and issuance of local standards for products protected by geographical indications. The quality inspection of geographical indication protected products shall be undertaken by inspection agencies designated by the provincial quality and technical supervision department and the entry-exit inspection and quarantine department directly under the jurisdiction. If necessary, the General Administration of Quality Supervision, Inspection and Quarantine will organize re-inspection.

Legal basis: "Trademark Law of the People's Republic of China"

Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, You may apply for well-known trademark protection in accordance with the provisions of this Law. If a trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China and is likely to cause confusion, it will not be registered and its use will be prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by others, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, registration will not be granted and use will be prohibited.

Article 14 Well-known trademarks shall be determined at the request of the parties as facts that need to be determined in handling trademark cases. The following factors should be considered when determining a well-known trademark:

(1) The degree of awareness of the trademark by the relevant public;

(2) The duration of use of the trademark;

(3) The duration, extent and geographical scope of any publicity work for the trademark;

(4) The record of the trademark being protected as a well-known trademark;

(5) The Other factors that make a trademark famous.

During the review of trademark registration and the investigation and handling of trademark violation cases by the industrial and commercial administrative departments, if the parties claim rights in accordance with Article 13 of this Law, the Trademark Office may, based on the needs of reviewing and handling the case, make a well-known trademark The situation is determined. During the handling of trademark disputes, if a party claims rights in accordance with Article 13 of this Law, the Trademark Review and Adjudication Board may determine the well-known status of the trademark based on the needs of handling the case.

During the trial of trademark civil or administrative cases, if a party claims rights in accordance with the provisions of Article 13 of this Law, the people's court designated by the Supreme People's Court may determine the well-known status of the trademark based on the needs of hearing the case. . Producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities.

Article 40 If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; if it cannot be done during this period, it may A six-month grace period was granted. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.