How to apply for registration of certification trademarks and collective trademarks
a certification trademark refers to a mark that is controlled by an organization that has the ability to supervise a certain commodity or service and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the commodity or service. A certification trademark should be registered by an organization with supervisory ability, and used by others other than it. The registrant cannot use it. It is a sign to prove that a commodity or service itself comes from a certain origin or has a certain quality. As long as the goods or services provided by the parties meet this specific quality and fulfill the prescribed procedures with the registrant, the certification trademark can be used, and the registrant shall not refuse. The validity period of certification trademarks and collective trademarks is 1 years, and the exclusive right is calculated from the date of approval and registration. 2. Ways to apply for registration of certification trademarks or collective trademarks There are two ways: (1) Entrusting a trademark agency filed with the Trademark Office to handle the application. (2) The applicant shall go directly to the trademark registration hall of the Trademark Office (the applicant may also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone at the registration hall on the second floor of Beijing Administration for Industry and Commerce, No.36 Suzhou Street, Haidian District, Beijing). III. Handling Steps (1) Where a trademark agency is entrusted to handle the application for registration of a certification trademark or a collective trademark, the applicant may voluntarily choose any trademark agency registered with the Trademark Office to handle it. All trademark agencies registered with the Trademark Office are published in? Agency? In a column. (2) Where the applicant directly goes to the trademark registration hall of the Trademark Office to apply for the registration of a certification trademark or a collective trademark, the applicant may follow the following steps: pre-application inquiry (optional procedure)? Prepare the application? Submit an application in the acceptance window of the trademark registration hall? Confirm the submission of registration application in the coding window? Pay the trademark registration fee at the payment window? Receive the receipt of fees (after the applicant receives the receipt, the application for trademark registration has been completed. Please refer to the Flowchart of Trademark Registration for the trial procedure of trademark registration. After receiving the Notice of Obtaining the Trademark Registration Certificate, the applicant will go to the Trademark Registration Hall to obtain the Trademark Registration Certificate. 4. Inquiries before application (unnecessary procedures) If the trademark registration application is rejected, the applicant will lose the trademark registration fee on the one hand, and it will take time to re-apply for trademark registration on the other hand, and it is still unknown whether the re-application can be approved for registration. Therefore, before applying for a registered trademark, the applicant should better inquire about the trademark, understand the prior rights, and make a judgment according to the inquiry results before submitting the application. V. Preparation of application documents (1) Application documents that need to be submitted to prove the trademark 1. Application for Trademark Registration. Please refer to the filling instructions for details. The above is all about how to apply for registration of certification trademarks and collective trademarks, hoping to help you. 2. The certification documents and photocopies of the applicant's subject qualification, or a valid photocopy stamped with the applicant's seal, and shall specify in detail the professional and technical personnel and professional testing equipment it has or the institutions entrusted by it, so as to show that it has the ability to supervise the quality of the specific goods certified by the certification trademark. 3. Management rules for the use of certification trademarks. 4. If you directly apply for registration in the trademark registration hall, you must submit the ID card and a copy of the agent (the original will be returned after comparison); Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted. 5. If the certification trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to register this portrait as a trademark shall be attached. (2) Application documents to be submitted for collective trademarks 1. Application for Trademark Registration. Please refer to the filling instructions for details. 2, the collective trademark applicant's qualification certificate and a copy, or a valid copy of the applicant's seal. 3, collective trademark use management rules. 4. List of collective members. 5. If you apply for registration directly in the trademark registration hall, you must submit the ID card and a copy of the agent; Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted. 6. If the collective trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use this portrait as a trademark registration shall be attached. (III) Specific requirements for relevant documents 1. When filling in the application for trademark registration, the name and stamp of the applicant should be exactly the same as the name approved for registration or registration. A commodity or service item shall be given a standardized name in accordance with the Table of Similar Commodities and Services. If the name of the commodity or service is not included in the Table of Similar Commodities and Services, a corresponding explanation shall be attached. 3, if the application for registration is a certification trademark, should be in the application for trademark registration? What kind of trademark? The column indicates that it is a certification trademark; If the application for registration is a collective trademark, it should be in the application for trademark registration? What kind of trademark? The column indicates that it is a collective trademark. 4. The applicant's qualification certificate can be the business license of the enterprise, or the approval document for the establishment of public institutions and mass organizations after registration. The applicant for collective trademark registration should be an organization, which can be an industrial or commercial group, an association, an industry or other collective organization, rather than a single enterprise or individual operator. 5. The management rules for the use of certification marks shall include the following contents: the purpose, significance or purpose of using certification marks; The specific quality of the goods certified by the certification trademark; Conditions for using the trademark; The right and obligation to use the certification trademark and the responsibility for violating the rules; The inspection and supervision system of the registrant for the goods using the certification trademark. 6. The management rules for the use of collective trademarks should include the following contents: the purpose of using collective trademarks; The name, address and legal representative of the collective member who uses the collective trademark; The quality of the goods designated for use by the collective trademark; Procedures for using collective trademarks; Rights, obligations and responsibilities of collective members in violation of rules; The inspection and supervision system of the registrant for the goods using the collective trademark. 7. All application documents shall be in Chinese. The Chinese version of the certification trademark or collective trademark extending to the application territory shall be submitted; If the application is in a language other than Chinese, a Chinese translation shall be attached, and the Chinese translation shall prevail. Vi. Registration Fees Please refer to the relevant instructions for the amount and method of payment of registration fees for collective trademarks and certification trademarks. VII. Correction Procedures (Non-mandatory procedures) If the application procedures for trademark registration are complete, the application documents are filled in and the fees are paid in accordance with the regulations, the Trademark Office will accept it and notify the applicant in writing; If the application procedures are incomplete, the application documents are not filled in as required or the fees are not paid, the Trademark Office will not accept the application, and notify the applicant in writing and explain the reasons. Where the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the applicant to make corrections, and limit him to make corrections according to the specified contents and return them to the Trademark Office within 3 days from the date of receiving the notice. If it is corrected within the prescribed time limit and returned to the Trademark Office, the date of application shall be kept; If it fails to make corrections within the time limit or fails to make corrections as required, the Trademark Office will not accept it and notify the applicant in writing. VIII. Precautions 1. The Notice of Acceptance only indicates that the application for trademark registration has been accepted by the Trademark Office, but it does not mean that the application has been approved. 2. If the application for registration of a certification trademark or a collective trademark is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the notice of rejection. 3. Where the certification trademark or collective trademark applied for registration is challenged, if the applicant refuses to accept the objection ruling of the Trademark Office, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the objection ruling. 4. A certification trademark or a collective trademark is still an unregistered trademark after the application is filed but before it is approved for registration, and it must still be used as an unregistered trademark. If the use of the trademark infringes on the exclusive right of others to use the trademark, it will not affect the investigation and punishment of the act by the relevant administrative authorities for industry and commerce. 5. The period of validity of a registered trademark is 1 years, counting from the date of approval of registration. Where a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures within 12 months before the expiration. If the trademark registrant fails to handle it within this period, he may file it within a grace period of 6 months after the expiration, but he shall pay a delay fee for accepting the renewal of registration. If the application for renewal is not filed after the extension period expires, the Trademark Office will cancel the registered trademark, and if the original registrant wants to continue to have the exclusive right to use the trademark, he must re-apply for registration. IX. Matters needing attention in applying for registration of geographical indications The application for registration of geographical indications shall be submitted in addition to the above-mentioned collective bargaining.