Concept of geographical indication trademark:
A geographical indication trademark indicates that a certain product originates from a certain region, and the specific quality, reputation or other characteristics of the product are mainly caused by the natural factors or natural factors of the region. A sign determined by human factors. Applying for a geographical indication certification trademark is a common practice internationally to protect specialty products. By applying for a geographical indication certification trademark, we can rationally and fully utilize and preserve natural resources, human resources and geographical heritage, effectively protect high-quality specialty products and promote the development of specialty industries.
"Place name + product name"
It is the core content of geographical indications and belongs to all local producers and operators. What the registrant of a geographical indication obtains is not the exclusive right to trademark the words
"place name + product name"
but the exclusive right to the geographical indication
< p>Exclusive rights to use the logo.Steps for geographical indication trademark registration:
The best way to protect a geographical indication is to register it as a certification mark or collective mark. If you apply for registration of a geographical indication as a collective trademark or certification mark, in addition to meeting the basic requirements for registration of a general trademark mentioned above, you must also meet the following requirements:
(1) If you apply for registration of a geographical indication as a collective trademark , the applicant should be a group, association or other organization, rather than the usual producers or operators, and should be composed of members from the area marked by the geographical indication. The applicant shall attach documents proving the qualifications of the subject, and shall describe in detail the professional technicians, professional testing equipment, etc. it possesses or the institution it entrusts possesses, to show that it has the ability to supervise the use of the specific quality of the geographical indication commodity. The applicant should also attach the management rules for the use of collective trademarks, including the purpose of using the collective trademark, the quality of the goods, the procedures for use, the rights and obligations of the user, legal responsibilities, inspection and supervision systems, etc.
(2) When applying for registration of a geographical indication as a certification mark, the applicant shall attach documents proving the qualifications of the subject, and shall explain in detail the professional technical personnel and testing equipment it has or the institution it entrusts has. and other circumstances to show that it has the ability to supervise the quality of the specific goods certified by the certification mark. The applicant should also attach the management rules for the use of the certification mark, including the purpose of using the certification mark, the specific quality of the goods, the conditions and procedures for using the certification mark, the rights and obligations of the user, legal responsibilities, inspection and supervision systems, etc.
(3)
When applying for registration of a geographical indication as a collective trademark or certification mark, the specific quality and reputation of the goods marked by the geographical indication should also be stated in the application document or other characteristics, the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors of the area marked by the geographical indication, as well as the scope of the area marked by the geographical indication.
When applying for geographical indication registration, it is very important to divide the geographical scope to which the geographical indication applies. The region here does not need to be completely consistent with the name and scope of the current administrative division in the area where the region is located. The delineation of geographical scope must be very cautious, respecting tradition, respecting history, and respecting the opinions of the local people's government or industry authorities.
Materials required for registration of geographical indication trademarks:
1. "Application for Trademark Registration"
If a trademark agency is entrusted to act as an agent, a "Trademark Registration Application Form" should also be attached.
Power of attorney".
2. A copy of the applicant’s subject qualification certificate (the official seal of the applicant must be affixed)
The applicant for geographical indication registration can be a corporate legal person, or a person who has obtained a corporate legal person certificate or < /p>
Scientific research and technology promotion institutions, quality inspection institutions or production and marketing service institutions with business licenses, etc.
When applying for a geographical indication collective trademark, a list of collective members should be attached.