Introduction to geographical indication certification marks

1. What is a geographical indication?

According to Article 16 of the Trademark Law of the People’s Republic of China: “… The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or humanistic factors of the region. Geographical indication certification trademarks . ”

The definition of geographical indications in the TRIPS Agreement: “A geographical indication refers to a sign that proves that a product originates from a certain member country or a certain region or a certain location within the region. Certain specific qualities, reputations or other characteristics are essentially attributable to that geographical origin”.

There are three basic characteristics of geographical indications:

1. It indicates the true source of the goods or services (i.e. the geographical location of the origin);

2. The goods or services have unique quality, reputation or other characteristics;

3. The quality or characteristics are essentially attributable to its special geographical origin.

2. What are certification marks and collective marks?

According to Article 3 of the Trademark Law of the People’s Republic of China: “Trademarks approved and registered by the Trademark Office are Registered trademarks include commodity trademarks, service trademarks, collective trademarks, and certification trademarks. The collective trademarks mentioned in this Law refer to those registered in the name of a group, association, or other organization for use by members of the organization in commercial activities to indicate that the user is A mark of membership in the organization. The term "certification trademark" as used in this Law refers to a mark controlled by an organization with the ability to supervise certain goods or services and used by units or individuals other than the organization for its goods or services. A mark used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. ”

A collective trademark is not the trademark of an individual enterprise, but an organization composed of multiple enterprises. trademark. A collective trademark can be used for goods or services. Collective trademarks are used jointly by members of the organization. Members who are not members of the organization cannot use them and cannot transfer them. This is certified by the "Geographical Indication Certification Trademark". In order to adapt to the characteristics of "universal ownership" and "universal use" of collective trademarks, unified rules should be formulated for its registration, use and management, and made public, by collective members under the supervision of the public. ***Comply with each other.

Certification trademarks should be registered by an organization with supervisory capabilities and used by others other than the registrant. It is a mark used to prove that the goods or services themselves come from a certain place of origin or have certain specific qualities. As long as the goods or services provided by the party meet this specific quality and the registrant completes the required procedures, the certification mark can be used, and the registrant cannot refuse. Certification trademarks are trademarks used jointly by multiple individuals. Therefore, unified management rules need to be formulated, made public, and supervised by all sectors of society to protect the integrity of goods or services. Specific quality to protect the interests of consumers.

Certification trademarks and collective trademarks are valid for 10 years, and the exclusive right is calculated from the date of approval of registration.

3. The relationship between geographical indications and trademarks

According to Article 10 of the Trademark Law of the People’s Republic of China: “The names of places or public places in administrative divisions at or above the county level Known foreign place names shall not be used as trademarks. However, the place names have other meanings or are used as components of collective trademarks or certification marks; registered trademarks using place names shall continue to be valid. "Therefore, the trademark contains a geographical indication or is the same as a geographical indication. If the product is similar, and the designated product does not originate from the area indicated by the mark, and may easily lead to confusion and misunderstanding by relevant consumers, it shall not be registered.

4. The relationship between geographical indication certification trademarks and geographical indication collective trademarks

According to the provisions of Article 6 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China": "Trademark Law Geographical indications stipulated in Article 16 may be registered as certification marks or collective trademarks in accordance with the provisions of the Trademark Law and these Regulations. "Trademarks applied in accordance with these regulations are generally called geographical indication certification marks and geographical indication collective trademarks.

The geographical indication certification mark is a content and a form of expression in the certification mark, and it is a special form of certification mark. Certification marks certify many types of content, including quality, accuracy, origin of goods, source of services, materials or manufacturing methods, etc. Geographical indications are marks that certify the origin of goods and source of services. A geographical indication collective trademark is also a special form of collective trademark, which consists of signs or signs used in trade to indicate the geographical origin of goods or services.

There are also essential differences between geographical indication certification marks and geographical indication collective marks, mainly as follows:

1. In terms of registration subjects, the registration subjects of both are not specific Producers and providers of goods or services, but the registration subject of a geographical indication certification mark is an institution with the ability to detect and supervise; the registration subject of a geographical indication collective mark is generally an industrial, agricultural, commercial group, Associations or other organizations;

2. In terms of indicating the source, geographical indication certification marks and geographical indication collective marks guarantee the specific quality, characteristics, and reputation of goods or services from designated regions, regions, and locations. , but the geographical indication certification mark focuses on indicating which designated area, region, and place it comes from; while the more prominent feature of the geographical indication collective mark is to indicate which collective the goods or services come from, and the affiliation between the trademark user and the collective.

3. In terms of users, the registrant of a geographical indication certification mark cannot use the mark in his own name. The specific user must be a producer who uses its resources to produce and provide services in that geographical location. , service providers; and according to our country's laws, the registrant of a geographical indication collective trademark can use the trademark in his or her own name.

5. Geographical indication certification trademark design requirements

(1) Uniqueness

Uniqueness is the basic requirement for logo design, and it must be visually distinctive. visual experience. Similarity in name and form with various existing marks that have been registered and used should be avoided.

(2) Attention

Attention is the visual effect that a logo should achieve. The logo is required to have strong visual effects in various environmental conditions.

(3) Popularity

Popularity is an important factor that makes the logo easy to recognize, remember and spread. When designing a trademark, the name should be loud, catchy, and smooth; the shape should be simple, clear, and easy to recognize. Make the trademark have a popular and easy-to-remember personality in both auditory and visual aspects. For example, logos such as "Forever" bicycle, "Yangzi" Group, and "Founder" Group all have a broad public aesthetic foundation and are successful examples of combining popularity with uniqueness.

(4) Universal

Universal means that the logo should have a wide range of adaptability. The requirement for the universality of a logo is determined by the function of the logo and the need to display and promote the logo in different carriers and environments. The universality of the logo is divided into three aspects.

1. Ensure the effective recognition of the logo in various environments.

2. Ensure the applicability and harmony of the logo in various carriers.

3. Ensure that the logo is easy to make and extend.

(5) Information

When processing and adjusting trademark and logo information, we should try our best to use concise modeling language to express rich connotations and clear focus.

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Compatibility information that is easily understood by the public is preferred.

For example, China Railway logo, Japan Mitsubishi Corporation logo, etc. have the characteristics of simple image, outstanding personality, and information-compatible perception.

(6) Culture

Culture is the inherent attribute of trademarks and logos themselves. The cultural nature of trademarks and logos is to express national traditions, characteristics of the times, social fashions, corporate or group concepts and other spiritual information through trademarks and logos. In specific trademarks and logo images, these cultural attributes are naturally integrated into the content and form of trademarks and logos by logo designers consciously or unconsciously based on their own understanding and conception of things. of. Therefore, the cultural nature of trademarks and logos can also be regarded as the design style of specific trademarks and logos, or the characteristics of design taste.

(7) Art

The artistry of logo design is reflected in the organic combination of the logo's meaning and beautiful form through ingenious conception and techniques.