Where a geographical indication is registered as a certification trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request the use of the certification trademark, and the organization that controls the certification trademark shall allow it. Natural persons, legal persons or other organizations whose products meet the requirements for using geographical indications registered as collective trademarks may request to join a group, association or other organization registered with the geographical indications as collective trademarks, and the group, association or other organization shall be accepted as a member in accordance with its articles of association; Those who do not require to join the 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. Article 5 Where a party entrusts a trademark agency to apply for trademark registration or handle other trademark matters, it shall submit a power of attorney. The power of attorney shall specify the contents and authority of the agency; The power of attorney of a foreigner or foreign enterprise shall also specify the nationality of the client.
The notarization and authentication procedures of the power of attorney and relevant certification documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.
Where the applicant for trademark registration or trademark transfer is a foreigner or a foreign enterprise, the recipient in China shall be designated in the application to be responsible for receiving the legal documents of the Trademark Office and the Trademark Review and Adjudication Board for subsequent trademark business. The Trademark Office and the Trademark Review and Adjudication Board shall serve the legal documents of the subsequent trademark business on the recipients in China.
Foreigners or foreign enterprises mentioned in Article 18 of the Trademark Law refer to foreigners or foreign enterprises that have no habitual residence or business office in China. Article 6 Chinese shall be used when applying for trademark registration or handling other trademark matters.
Certificates, supporting documents and evidential materials submitted in accordance with the provisions of the Trademark Law and these Regulations are in foreign languages, and Chinese translations shall be attached; If it is not attached, it shall be deemed that certificates, certification documents or evidential materials have not been submitted. Article 7 The staff of the Trademark Office and the Trademark Review and Adjudication Board shall withdraw under any of the following circumstances, and the parties concerned or interested parties may ask them to withdraw:
(1) Being a close relative of a party or a party or an agent;
(2) Having other relations with the parties or agents, which may affect impartiality;
(3) Having an interest in applying for trademark registration or handling other trademark affairs. Article 8 An application for trademark registration and other relevant documents shall be submitted through the Internet in the form of data messages as stipulated in Article 22 of the Trademark Law in accordance with the provisions of the Trademark Office or the Trademark Review and Adjudication Board. Article 9. Except in the circumstances specified in Article 18 of these Regulations, the date when the parties submit documents or materials to the Trademark Office or the Trademark Review and Adjudication Board, or the date when they submit them directly, shall be the date of submission; If mailed, the postmark date shall prevail; If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office or the Trademark Review and Adjudication Board shall prevail, unless the parties can provide evidence of the actual postmark date. Submitted by a courier company other than the postal company, the date of receipt and delivery by the courier company shall prevail; If the date of receipt and mailing is unclear, the actual date of receipt by the Trademark Office or the Trademark Review and Adjudication Board shall prevail, unless the parties can provide evidence of the actual date of receipt and mailing. If it is submitted by data message, the date of entry into the electronic system of the Trademark Office or Trademark Review and Adjudication Board shall prevail.
When mailing documents to the Trademark Office or the Trademark Review and Adjudication Board, the parties concerned shall use registered mail.
Where the parties submit documents to the Trademark Office or the Trademark Review and Adjudication Board in writing, the records kept by the Trademark Office or the Trademark Review and Adjudication Board shall prevail; If submitted in the form of data messages, the database records of the Trademark Office or the Trademark Review and Adjudication Board shall prevail, unless the parties do have evidence to prove that the files and database records of the Trademark Office or the Trademark Review and Adjudication Board are wrong. Article 10 Various documents of the Trademark Office or the Trademark Review and Adjudication Board may be delivered to the parties by mail, direct delivery or data message. If it is delivered to the parties by data message, it shall be agreed by the parties. If a party entrusts a trademark agency, it shall be deemed to have been served on the party if it is served on the trademark agency.
The date when the Trademark Office or the Trademark Review and Adjudication Board delivers or mails various documents to the parties shall be based on the postmark date received by the parties; If the postmark date is unclear or there is no postmark, it shall be deemed to have been served on the parties after the date of issuance of the document 15, unless the parties can prove the actual date of receipt; For direct submission, the date of submission shall prevail; If it is served by data message, it shall be deemed to have been served on the party concerned from the date of issuance of the document/0/5 days later, unless the party concerned can prove the date when the document entered its electronic system. If the above-mentioned methods cannot be served, it can be served by public announcement, and it shall be deemed to have been served on the parties after 30 days from the date of announcement.