The registration and use of geographical indication certification trademarks will not only help to protect traditional products, but also promote the development of regional economy and cultural heritage.
I. the meaning and characteristics of geographical indication certification trademark
a geographical indication certification trademark is a trademark with obvious geographical characteristics, which indicates that a commodity or service comes from a specific region, and the natural conditions and human factors in the region have a decisive influence on the specific quality of the commodity or service. This trademark is characterized by regionality, uniqueness and collectivity, which represents the unique quality and reputation of a specific product in a certain region.
II. Registration process of geographical indication certification trademark
1. The application materials submitted by the applicant include trademark pattern, description of goods or services, geographical indication certification documents, etc.
2. Examination by the Trademark Office: The Trademark Office conducts formal examination and substantive examination of the application materials to ensure that the application meets the requirements of laws and regulations.
3. Announcement and objection period: The Trademark Office announces the applications that meet the requirements and sets an objection period to allow interested parties to raise objections.
4. issuance of registration certificate: after the objection period, if there is no objection or the objection is not established, the Trademark Office will issue a certificate of registration of geographical indication certification trademarks.
iii. use and management of geographical indication certification trademarks
registered geographical indication certification trademarks shall be used in accordance with the prescribed scope and methods, and may not be transferred or licensed to others. At the same time, the Trademark Office and relevant departments will supervise and manage the use of geographical indication certification trademarks to ensure their standardized use and safeguard market order and consumers' rights and interests.
To sum up:
A geographical indication certification trademark is a trademark with significant regional characteristics, which is used to identify that goods or services come from a specific region and reflect the natural and humanistic characteristics of the region. Its registration process includes application, examination, announcement and objection period, and issuance of registration certificate. In the process of use, it is necessary to strictly abide by the relevant regulations to ensure its standardized use, so as to maintain market order and consumer rights.
Legal basis:
Article 3 of the Trademark Law of the People's Republic of China
stipulates:
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law.
Article 16 stipulates:
If a trademark contains a geographical indication of a commodity, and the commodity does not originate from the area marked by the indication, it will not be registered and its use will be prohibited; However, those registered in good faith shall continue to be valid.
the geographical indication mentioned in the preceding paragraph refers to the indication that a commodity comes from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region.
Article 4 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China
stipulates:
Geographical indications specified in Article 16 of the Trademark Law may be applied for registration as certification trademarks or collective trademarks in accordance with the provisions of the Trademark Law and these Regulations.
if a geographical indication is registered as a certification trademark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request the use of the certification trademark, and the organization that controls the certification trademark shall allow it. A natural person, legal person or other organization whose products meet the requirements for using a geographical indication registered as a collective trademark may request to join a group, association or other organization registered with the geographical indication as a collective trademark, and the group, association or other organization shall be admitted as a member according to its articles of association; Those who do not require to join a group, association or other organization that uses the geographical indication as a collective trademark may also use the geographical indication properly, and the group, association or other organization has no right to prohibit it.