"Registration and Management Measures for Collective Trademarks and Certification Marks"

Article 1 is based on Article 3 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law) stipulate and formulate these measures.

Article 2 The registration and management of collective trademarks and certification marks shall be carried out in accordance with the relevant provisions of the Trademark Law, the Implementation Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementation Regulations) and these Measures .

Article 3 The provisions of these Measures regarding commodities shall apply to services.

Article 4 When applying for registration of a collective trademark, a document proving the qualification of the subject shall be attached and the names and addresses of the members of the collective organization shall be specified in detail; when applying for registration of a geographical indication as a collective trademark, a certificate of qualification of the subject shall be attached The document should also describe in detail the professional technicians, professional testing equipment, etc. it has or the institution it entrusts to show its ability to supervise the specific quality of the geographical indication goods.

Groups, associations or other organizations that apply to register a geographical indication as a collective trademark shall be composed of members from the region indicated by the geographical indication.

Article 5 When applying for registration of a certification mark, documents proving the qualifications of the subject shall be attached and a detailed description of the professional and technical personnel, professional testing equipment, etc. possessed by it or the institution entrusted by it shall be provided to indicate its Have the ability to monitor the quality of the specific goods certified by the certification mark.

Article 6 When applying for registration of a geographical indication as a collective trademark or certification mark, an approval document from the people's government or industry competent department that has jurisdiction over the area marked by the geographical indication shall also be attached.

When a foreigner or foreign enterprise applies to register a geographical indication as a collective trademark or certification mark, the applicant shall provide proof that the geographical indication is protected by law in its name in its country of origin.

Article 7 If a geographical indication is registered as a collective trademark or certification mark, the following content shall be stated in the application:

(1) The product marked by the geographical indication Specific quality, reputation or other characteristics;

(2) The relationship between the specific quality, reputation or other characteristics of the commodity and the natural factors and human factors of the area marked by the geographical indication;

< p> (3) The scope of the area marked by the geographical indication.

Article 8 A geographical indication applied for registration as a collective trademark or certification mark may be the name of the region indicated by the geographical indication, or other visible signs that can indicate that a certain product originates from the region.

The area mentioned in the preceding paragraph does not need to be completely consistent with the name and scope of the current administrative division of the area.

Article 9 If multiple wine geographical indications form homophones or homographs, each geographical indication can be used as a collective trademark or certification mark if these geographical indications can be distinguished from each other and do not mislead the public. Apply for registration.

Article 10 The management rules for the use of collective trademarks shall include:

(1) The purpose of using the collective trademark;

(2) The purpose of using the collective trademark The quality of the goods;

(3) Procedures for using the collective trademark;

(4) Rights and obligations for using the collective trademark;

(5) Responsibility for members who violate their usage management rules;

(6) The registrant’s inspection and supervision system for goods using the collective trademark.

Article 11 The management rules for the use of certification marks shall include:

(1) The purpose of using the certification mark;

(2) The certification mark The specific quality of the goods;

(3) Conditions for using the certification mark;

(4) Procedures for using the certification mark;

(5) The rights and obligations of using the certification mark;

(6) The responsibility of the user for violating the usage management rules;

(7) The registrant’s responsibility for the use of the certification mark on goods Inspection and supervision system.

Article 12 If the geographical indication of wine or spirits registered by others as a collective trademark or certification mark indicates wines or spirits that do not originate from the region indicated by the geographical indication, even if the product is also marked with Where the true origin is used, or translated words are used, or are accompanied by expressions such as such-and-such "kind", such-and-such "type", such-and-such "form", such-and-such "class", etc., Article 16 of the Trademark Law shall apply. Regulation.

Article 13 The content of the preliminary approval announcement of collective trademarks and certification trademarks shall include the full text or summary of the rules for the use and management of the trademark.

Any modifications to the usage management rules by registrants of collective marks and certification marks shall be submitted to the Trademark Office for review and approval and shall take effect from the date of announcement.

Article 14 If the members of a collective trademark registrant change, the registrant shall apply to the Trademark Office to change the registration matters, and the Trademark Office shall make an announcement.

Article 15 If the registrant of a certification mark permits others to use its trademark, the registrant shall report it to the Trademark Office for filing within one year, and the Trademark Office shall make an announcement.

Article 16 When applying for the transfer of a collective trademark or certification mark, the transferee shall have the corresponding subject qualifications and comply with the provisions of the Trademark Law, Implementing Regulations and these Measures.

If a collective trademark or certification mark is transferred, the successor of the rights shall have the corresponding subject qualifications and comply with the provisions of the Trademark Law, Implementing Regulations and these Measures.

Article 17 The collective members of a collective trademark registrant may use the collective trademark after completing the procedures stipulated in the management rules for the use of the collective trademark.

Collective trademarks may not be licensed to non-collective members.

Article 18 Anyone who meets the conditions stipulated in the management rules for the use of certification marks can use the certification mark after completing the procedures stipulated in the management rules for the use of certification marks. The registrant shall not refuse to go through the procedures.

The fair use of the geographical indication in paragraph 2 of Article 6 of the Implementing Regulations refers to the fair use of the place name in the geographical indication.

Article 19 If a collective trademark is used, the registrant shall issue a "Collective Trademark Use Certificate" to the user; if a certification mark is used, the registrant shall issue a "Certification Trademark Use Certificate" to the user.

Article 20 The registrant of a certification mark shall not use the certification mark on the goods he provides.

Article 21: The registrant of a collective trademark or certification mark fails to effectively manage or control the use of the trademark, causing the goods used by the trademark to fail to meet the requirements of its use management rules, which is harmful to consumers If any damage is caused, the industrial and commercial administrative department shall order it to make corrections within a time limit; if it refuses to make corrections, it shall be fined not more than three times of the illegal income, but not exceeding 30,000 yuan; if there is no illegal income, it shall be fined not more than 10,000 yuan.

Article 22 Anyone who violates Article 6 of the Implementing Regulations and Articles 14, 15, 17, 18 and 20 of these Measures shall be prosecuted by the industrial and commercial authorities. The administrative department shall order correction within a time limit; if the person refuses to make correction, he shall be fined not more than three times of the illegal income, but the maximum shall not exceed 30,000 yuan; if there is no illegal income, he shall be fined not more than 10,000 yuan.

Article 23 These Measures shall come into effect on June 1, 2003. The "Registration and Management Measures for Collective Trademarks and Certification Trademarks" issued by the State Administration for Industry and Commerce on December 30, 1994 were abolished at the same time.

Measures for the Administration of Collective Trademarks of the State Administration for Industry and Commerce

Rules for the Administration of the Use of Green Cross Collective Trademarks

Chapter 1 General Provisions

First In order to standardize the order of the drug retail market, achieve self-discipline in the drug retail industry, promote the construction of integrity, and facilitate the public's purchase of drugs, the state implements the uniform display of green cross signs by drug retail enterprises. In order to achieve unified management of the Green Cross logo, these rules are specially formulated.

Article 2: These rules apply to the formulation, use and management of the Green Cross logo.

Article 3 The Green Cross logo is a collective trademark applied for registration by the China Pharmaceutical Business Association and approved by the State Administration for Industry and Commerce. It is used to indicate that the merchandise operators included in this application are members of the China Pharmaceutical Business Association. The China Pharmaceutical Business Association authorizes pharmaceutical retail enterprises that comply with the regulations to use the green cross logo in accordance with these rules. No organization, enterprise or individual may use this logo without authorization.

Article 4 The green cross logo pattern is a green cross on a white background and is lined with green leaves. The "white background" of the green cross logo means clean, hygienic and pure; the "green" means life, health and harmlessness.

Chapter 2 Conditions and procedures for the use of the collective trademark

Article 5 After authorization, enterprises can use the green cross logo in the prescribed form. The specifications, patterns, and production standards of the Green Cross logo are formulated by the China Pharmaceutical Business Association, and are produced by designated professional logo production units in accordance with the regulations.

Article 6 Conditions for the use of the green cross logo:

Any pharmaceutical retail enterprise holding a "Pharmaceutical Business License" and an industrial and commercial business license can apply for use.

Article 7 Any pharmaceutical retail enterprise that already holds a "Pharmaceutical Business License" shall apply for authorization to use the green cross logo in accordance with regulations.

The procedures for applying for authorization to use the Green Cross logo are as follows:

(1) The pharmaceutical retail enterprise shall submit an application to the China Pharmaceutical Business Association or the local pharmaceutical business association or industry association authorized by the China Pharmaceutical Business Association. Application for authorized use.

(2) After receiving the application from the enterprise, a notice of agreement or disagreement will be issued to the applicant within 30 days after signing the notice of application acceptance.

(3) Applicants who agree to authorize the use of the Green Cross logo shall use it in the prescribed form of the Green Cross logo, and register the use with the authorized unit.

Chapter 3 Scope of Use of the Collective Trademark

Article 8 The green cross logo must be hung in a conspicuous position in front of the pharmacy and can be recognized by consumers at night.

Article 9 The green cross logo is a collective trademark and can only be used for store logos of member companies or within the scope of authorized use.

Cannot be used for:

(1) Product trademarks or commercial advertisements;

(2) Product packaging and company logos of manufacturing companies or operating companies ;

(3) These Measures stipulate that circumstances other than the green cross mark may be used.

Article 10 Enterprises should strengthen the management of the Green Cross logo, maintain the seriousness of the Green Cross logo, and promptly correct any situation that damages the image of the Green Cross logo.

Chapter 4 Management and Protection of the Collective Trademark

Article 11 The China Pharmaceutical Business Association is responsible for the authorized use of the Green Cross logo and formulates the scope of use and production standards of the Green Cross logo. . If the use and management of the Green Cross logo does not comply with the regulations, we have the right to order it to make timely corrections.

Article 12 The China Pharmaceutical Business Association or the local pharmaceutical business association or industry association entrusted by the China Pharmaceutical Business Association is responsible for supervising the use of the green cross mark, accepting complaints from the public, and urging enterprises to make rectifications. During the authorized use period, the authorization will be terminated if the enterprise encounters the following circumstances:

(1) It is criticized by the competent industry department;

(2) The enterprise's products have serious quality problems and are criticized by consumers.

Article 13: Anyone who imitates or uses the Green Cross logo without authorization or deliberately damages the image of the Green Cross logo will be ordered by the China Pharmaceutical Business Association to make corrections and the imitation products will be confiscated. And investigate their infringements in accordance with relevant national laws and regulations.

Chapter 5 Supplementary Provisions

Article 14 The China Pharmaceutical Business Association is responsible for the interpretation of these rules.

Article 15 The trademark use and management fee shall be paid from the membership fees paid by the members of the China Pharmaceutical Business Association. It is mainly used for trademark registration, accepting complaints, maintaining trademark credibility, promoting the trademark, etc., in order to maintain Legitimate rights and interests of association members.

Article 16 These rules will take effect from the date the Trademark Office of the State Administration for Industry and Commerce approves the registration of the trademark.

Universality means that a trademark should have broad applicability. The versatility of a trademark is determined by the function of the trademark itself and the need to display and promote the trademark in different carriers and environments. It can be roughly divided into the following three aspects.