How to apply for a geographical indication as a trademark The report is written like this.
Whether a mark is recognized as a geographical indication is determined by the laws of each country. Most commonly, geographical indications include the name of the place where the goods originate.
my country’s Trademark Law stipulates that a geographical indication refers to a sign that a product originates from a certain region, and the specific quality, reputation or other characteristics of the product are mainly determined by the natural factors or human factors of the region.
Geographical indications can be used for a wide range of products, whether natural products, agricultural products or manufactured products. Agricultural products are typical in this respect. They have qualities rooted in the place of origin and are affected by specific local factors such as climate and soil.
Because a geographical indication represents a specific production location or region, this location or region determines the characteristics of the products produced there. It is important that the quality and reputation of the product comes from this location. Since these qualities are determined by the place of origin, there is a unique "connection" between the product and the place of origin, and consumers will think that the geographical indication represents the place of origin and quality of the product.
A geographical indication registered as a trademark tells consumers that a product is produced in a certain place and has certain characteristics due to that place of origin. Therefore, applying for geographical indications as certification trademarks is an effective way to improve the economic benefits of agricultural products for local regions, and can also play a real role in protecting consumers.
Applicants for geographical indication registration can be corporate entities, scientific research and technology promotion institutions, quality inspection institutions or production and marketing service institutions that have obtained a corporate legal person certificate or business license.
Applicants for registration of geographical indications can be corporate legal persons, or scientific research and technology promotion institutions, quality inspection institutions or production and marketing service institutions that have obtained a corporate legal person certificate or business license. To apply for a geographical indication as a collective trademark or certification mark, in addition to submitting an application form and trademark drawing to the Trademark Office as required, the following materials must be provided:
1. Foreigners or foreign enterprises apply for collective geographical indications When registering a trademark or certification mark, proof that the geographical indication is legally protected in its name in its country of origin must be provided.
2. Documents authorizing the applicant to apply for registration and supervise and manage the geographical indication from the people's government or industry competent department of the area marked by the geographical indication.
3. Management rules for the use of geographical indication certification marks and collective marks.
4. Documents proving that the geographical indication applicant has the ability to supervise and test the geographical indication.
5. Explanation that the specific quality of geographical indication products is determined by specific regional environment or humanistic factors.
6. If the applicant has inspection and testing capabilities, the applicant needs to submit a list of inspection equipment and a list of inspection personnel, and affix the official seal of the applicant.
7. If the applicant entrusts others to inspect and test, the original of the entrusted inspection and testing contract signed by the applicant and an institution with inspection and testing qualifications shall be attached, and a copy of the qualification certificate of the inspection and testing institution and inspection equipment shall be submitted. List, list of inspectors, and stamped with their official seals.
8. When applying for a geographical indication collective trademark, a list of collective members should be attached.
9. Proof of the objective existence and reputation of the geographical indication product (including county records, agricultural records, product records, etc.) and stamped with the official seal of the department that issued the certification materials.