In order to further promote the convenience of trademark registration, further improve the level of external services, and contribute to targeted poverty alleviation and regional economic development with geographical indications, the Trademark Office has compiled 15 questions on geographical indication trademark registration applications for your reference. Applicant reference. The Trademark Network has compiled the following content for you:

Question 1: Can companies and farmer cooperatives serve as registrants of geographical indications and trademarks?

Answer: No.

Geographic indications are regional public resources. The registrant of a geographical indication trademark shall be a local non-profit organization, association or other organization whose business scope is related to geographical indication products, generally a social group legal person or a public institution legal person.

Applicants for geographical indications must be authorized by the people's government at or above the county level or industry authorities to apply for registration and supervise and manage geographical indications.

The specific user of a geographical indication trademark must be the producer or operator of the geographical indication area.

Question 2: I want to apply for the "Gaolaozhuang Watermelon" geographical indication trademark. Gaolaozhuang is a town in our county. Can the Gaolaozhuang Municipal Government issue an authorization document?

Answer: No.

Geographical indications are regional public resources. The applicant should submit documents indicating that the people's government at or above the county level or the industry competent department in the area marked by the geographical indication agrees with the applicant's application for registration and supervises and manages the geographical indication. . In view of the fact that the establishment of industry competent authorities in various regions is not uniform, in order to avoid the stability of the authorization of the competent authorities caused by organizational adjustments and personnel changes, it is recommended that the authorization be authorized by the people's government at or above the county level in the areas marked by geographical indications.

Question 3: I want to apply for the "Gaolaozhuang Watermelon" geographical indication trademark. When filling out the "Application for Trademark Registration", can I fill in "fresh fruit" in the product column?

Answer: No.

Geographical indications have specific properties and should usually point to a specific product. Therefore, goods designated with geographical indication trademarks generally cannot be expressed as generic terms for certain goods, such as live animals, fresh fruits, traditional Chinese medicines, cereals, etc., such as geographical indication trademarks. The reported cation is "Rizhao Green Tea" and the designated product is "green tea"; the reported geographical indication trademark is "Dongtai Watermelon" and the designated product is "Watermelon (fresh fruit)".

Due to my country’s vast territory and rich resources, the names of many products have regional or ethnic characteristics. When these products are registered as geographical indication trademarks, the designated goods can be a specific single trade name included in the trademark, or a general single trade name. For example, the trademark of the reported geographical indication is "Huangmei Biaohua". The designated product can be "crochet" or "silk art."

Question 4: Our Hongqi Township produces selenium-rich loquats. Can we apply for the "Hongqi Selenium-Rich Loquats" geographical indication trademark?

Answer: No.

“Selenium” is a trace element beneficial to the human body. After research, our office has decided to preliminarily approve the registration of geographical indication trademarks containing the wording "selenium" or "selenium-rich" if they meet the following conditions:

(1) The production area of ??the designated goods is within the country Areas where natural soil is determined to contain selenium or be rich in selenium;

(2) National standards or industry standards have clear regulations on the selenium or selenium-rich content of designated commodities;

( 3) The quality characteristics of designated commodities in the usage management rules include clear selenium or selenium-enriched content indicators that comply with national standards or industry standards, and it is clearly stated that the designated commodities contain “selenium” or “selenium-enriched” during the growth process. Absorbed from natural soil.

For geographical indication trademarks containing “selenium” or “selenium-enriched” designated for use on goods that do not contain “selenium” or “selenium-enriched” national or industry standards, as well as designated use on products containing “selenium” ” or “selenium-enriched” geographical indication trademarks containing “selenium” or “selenium-enriched” on products subject to local standards or corporate standards. Since the selenium content cannot be unified, in order to ensure the specific quality of geographical indication products and maintain the credibility of geographical indication trademarks, To better guide consumption and ensure food safety, products will be rejected in accordance with the law on the grounds that they “are likely to cause consumers to misunderstand the raw materials or quality characteristics of the product.”

At present, only "rice" and "tea" have clear selenium-rich industry standards. Therefore, “Hongqi selenium-rich loquat” cannot be approved as a geographical indication trademark.

Question 5. Can internal information be used as proof of the objective existence and credibility of a geographical indication?

Answer: No.

Submitting materials proving the objective existence and credibility of geographical indication products is an important basis for confirming geographical indication rights. The certification materials include publicly published county chronicles, agricultural chronicles, product chronicles, yearbooks, textbooks, national professional journals, etc. They can be originals or copies of the cover, copyright page, and content page stamped with the official seal of the issuing unit.

According to the provisions of Article 15 of the "Measures for the Management of Internal Informative Publications", internal information is strictly limited to the internal exchange of this industry, this system, and this unit, and therefore cannot be used as the objective existence and credibility of geographical indications. of supporting materials.

Question 6. "Lailu County Chronicle" records that "Lailu County produces various subtropical fruits, with citrus, bayberry and plum as the major products". Can this be objectively regarded as the "Lailu Bayberry" geographical indication? Proof of existence and creditworthiness?

Answer: No.

Geographical indications are objectively formed in history, and their expressions are generally "geographical names and common product names". "Lailu County produces various subtropical fruits, with citrus, bayberry and plum as the major products" only shows that Laiqu County produces bayberry, but it cannot prove the objective existence and credibility of the "Lailu Bayberry" geographical indication. If the county annals state that "Laiquangmei is well-known in neighboring provinces and counties, and was identified as one of the provincial bayberry production base counties in the 1950s", it can be used as proof of the objective existence and credibility of the "Laiquyangmei" geographical indication.

Question 7. Can the testing content be stipulated in the commissioned testing agreement as testing the quality of geographical indication products?

Answer: No.

Geographical indications should have specific qualities, and the testing of geographical indication commodities should be a testing of their specific qualities, not quality testing.

The applicant for geographical indications should be an organization with the ability to supervise and test the reported geographical indication commodities. If the applicant has the testing ability, he/she should submit the applicant’s testing qualification certificate, the list of testing personnel and the list of testing equipment; if the applicant does not have the testing ability, he or she can entrust an institution with testing qualifications to test the specific quality of the reported geographical indication commodities. , the two parties sign a commissioned testing agreement. The agreement must make it clear that the content of the commissioned testing is the specific quality of geographical indication commodities. In addition, the trustee's testing qualification certificate, list of testing personnel, and list of testing equipment should also be submitted. All the above materials must be stamped with the official seal of the issuing party.

Question 8. Our Dongfang Township is very famous for its potatoes. If we want to apply for the "Oriental Potato" geographical indication trademark, who should issue the certificate of production area?

Answer: The geographical scope of production of geographical indication commodities can be determined by historical materials proving the objective existence and credibility of the geographical indication, or by the people's government or industry competent department of the area marked by the geographical indication. Document delineation of production area scope. If the geographical scope of production of geographical indication commodities spans two townships, towns, counties, or cities, it shall be issued by the government of the township, town, county, or city, the people's government at the same level, or the industry competent department.

The production area of ??"Dongfang Potato" is in Dongfang Township, and its production area certificate can be issued by the Dongfang Township People's Government or its superior government (industry competent department).

Question 3. We applied for a geographical indication and downloaded the sample usage management rules from the official website of the Trademark Office. Article 5 requires that the relationship between the geographical indication and the specific natural geographical environment of the production area be stated. Relationship, how should this be expressed in a more standardized way?

Answer: The second part of Article 5 of the Usage Management Rules should conduct a detailed analysis of all aspects of the natural factors of the place of origin that affect the specific quality of geographical indication commodities. It cannot just list the temperature, light, precipitation, Natural conditions such as soil and rivers must be used to reason clearly about the specific impact of a specific time and a specific environmental factor on a specific quality of the product.

Sometimes the impact of the humanistic factors of the place of origin on the specific quality of geographical indication commodities can also be described together, including the planting area (such as the front and back of mountains, orientation), the choice of planting season, and special production buildings ( Such as flowing into the mill), local unique production technology, etc.

For example, regarding "Jinxiang Black Garlic": Jinxiang County has a temperate monsoon continental climate with four distinct seasons, with rain and heat at the same time, long spring and summer seasons, and short autumn and winter seasons. Autumn sowing garlic is mostly sown in early October. The sowing period requires the daily average temperature to be stable and exceed 16°C. The average daily temperature in Jinxiang is 17.6°C in early October, which is beneficial for garlic seedlings to form strong seedlings with five leaves and one heart before winter, so that they can survive the winter safely. The growth period of garlic is from late March to early April of the following year, which is the most critical period for garlic growth. It requires higher ground temperature and requires a stable daily average temperature of more than 12°C. The annual average temperature in Jinxiang during this period is 12.3°C, which is very suitable. Mid-to-late May is the maturity period of garlic. Although precipitation in Jinxiang is sparse from April to May, Jinxiang County is located in the west of Nansi Lake, with many rivers and abundant weakly alkaline groundwater, ensuring that the growth period and maturity period of garlic are consistent. Moisture requirements, and soil with moderate moisture content is not only conducive to the growth of garlic but also ensures that it will not rot, and is more conducive to the accumulation of dry matter such as protein and sodium. The local fluvo-aquic soil and paddy soil have good air permeability, can absorb fertilizer and water for livestock, and are beneficial to microbial activities, which is conducive to the good absorption of fertilizer and water for garlic. Jinxiang black garlic is made from Jinxiang garlic that is complete, plump, unpeeled, and has no mold spots. It is soaked and dried in local weakly alkaline water and then fermented in a high-temperature and high-humidity sealed container at 60-90 degrees Celsius for 40 days. Become.

Another example, about "Yongding Camellia": This area has a subtropical oceanic monsoon climate, with a mild climate, warm winters and cool summers, abundant rainfall, and the landform is typical of mid-low hills and mountains, with dense forest vegetation and air Medium to high humidity. The connected peaks and criss-crossing canyons make this area like a natural basin, which is conducive to the accumulation of moisture from plants and surface water that transpires into the air, forming fog beads, allowing the red, yellow, and yellow light among the seven visible lights of red, orange, yellow, green, blue, and violet to be obtained Strengthen, thereby increasing the content of chlorophyll, tea polyphenols and amino acids in tea. These are indispensable substances for improving the color and taste of tea. The juice of tea tree roots contains more organic acids such as citric acid, malic acid, oxalic acid and succinic acid. The juice composed of these organic acids has greater acid buffering power and less alkaline buffering power. Tea trees physiologically need acidic soil. Most of the mountain soil in this area is acidic yellow loam, which is very suitable for the growth of tea trees. Yongding Mountain Tea comes from local wild tea and is produced through long-term artificial selection. It has the characteristics of high tea polyphenol content. The tea polyphenol content of its fresh leaves is above 31. The production of Yongding camellia still follows the traditional manual method. When making green tea, we adopt the method of withering heavily and shaking lightly, withering lightly and shaking hard, shaking more and making less, light first and then heavy, first less and then more, first short and then long, and make green after watching the green. unique technology. This traditional technology is better than other technologies in passivating the oxidase activity in fresh tea leaves, second only to fried green tea. It can effectively inhibit the enzymatic oxidation of tea polyphenols in fresh leaves and retain most of the fresh leaves. Tea polyphenols. Unique natural conditions, unique varieties and unique traditional tea-making techniques create the unique quality of Yongding Mountain Tea.

In addition, it should be noted that the place of origin of each geographical indication has a unique environment that contributes to the formation of the specific quality of the geographical indication. Therefore, the specific quality of geographical indication goods has different connections with the natural factors and human factors of the place of origin. , cannot be plagiarized or copied.

Question 10. The official website of the Trademark Office provides a template for the management rules for the use of geographical indication collective/certification trademarks. Article 6 requires the specific quality of geographical indication goods to be stated. How should this be stated more standardly? ?

Answer: Specific qualities include the sensory characteristics, quantitative indicators or special production methods of geographical indication commodities. Sensory characteristics include visual characteristics such as shape, size, color, and texture, as well as smell, taste perceptions, and so on. Quantitative indicators include biological characteristics such as race and species, physical characteristics such as weight, density, pH, etc., and chemical characteristics such as moisture, protein, fat, and trace element content.

The production method includes a description of the processing technology and the quality standards of the final product, such as the raising process and slaughtering method of animal products, the planting process, harvesting practices, storage methods of plant products, etc., the raw materials, ingredients and production process of traditional handicrafts, etc. wait. Describing the specific quality of geographical indication products must focus on the products designated for use by the geographical indication trademark. For example, "sheep (live animals)" and "mutton", "fresh peppers" and "peppers (condiments)" are different .

For example, regarding the "Jiang'an Black Goat", when designated for use on the "Sheep (live animal)" product, the description is as follows: The coat is black all over the body, with fine and even short hair; the body is medium to large, and the constitution is Strong, all parts of the structure are well-proportioned and compact; the ram's horns are thick, 16-19 cm long, curved backward and downward into a sickle shape, with whiskers; the ewe's horns are smaller and in a figure-eight shape; the head is of medium size, with a flat forehead and hip, and a bridge of nose. Slightly protruding, erect ears; neck length is moderate, back and waist are straight, chest is deep and broad, ribs are open, sacrum is wide, and rump is plump; ram’s testicles are symmetrical, moderate in size and well developed; ewes have two nipples, without appendages Nipples, spherical. The body is slightly taller but overall well-proportioned. The average weight of rams is about 31.45 kg, and the average body height is about 67.25 cm (according to data published in the research report, it is 5-7 cm higher than other similar male goats); the average weight of ewes is about 29.47 kg, and the average body height is about 67.25 cm. About 59.71 cm (according to data published in the research report, 2-4 cm higher than other similar female goats).

When "Jiang'an Black Goat" is designated for use in "mutton" products, it is described as follows: the muscles are shiny, the red color is uniform, the fat is white or light yellow, and the color of the meat is good; the appearance is slightly dry or slightly moist. It is not sticky to the hands, and the newly cut surface is moist but not sticky; the cut surface is dense, and the dents can be quickly restored to its original shape after finger pressure; it has the inherent smell of fresh mutton, with a lighter mutton smell than others, no odor, and no peculiar smell. The boiled broth is transparent and clear, with fat agglomerated on the surface and fragrant. The protein content is ≥22.6 (according to the data published in the research report, it is about 0.3 higher than other similar goat meat), and the fat content is ≤3 (according to the data published in the research report, it is about 2.5 lower than other similar goat meat).

Question 11. Articles 14 and 15 of the sample management rules for the use of geographical indication collective/certification marks provided by the official website of the Trademark Office involve the rights and obligations of the licensee of the geographical indication trademark. Among them, How should "other rights" and "other obligations" be expressed?

Answer: The official website of the Trademark Office provides a template for the management rules for the use of geographical indication collective/certification trademarks. The words "other rights" and "other obligations" are to remind registrants of geographical indication trademarks that they can manage them according to their own It is necessary to set more rights and obligations for the licensed users of geographical indications. If so, the specific content of the rights and obligations should be clarified; if not, the words "other rights" and "other obligations" should be deleted.

Question 12. I want to apply for the geographical indication certification trademark of "Phoenix Bacon", but after inquiry, it is found that the "Phoenix" trademark has been registered in the 29th category of "cured meat", so "Phoenix Bacon" can still be registered Registration approved?

Answer: Registration cannot be approved.

As a type of trademark, geographical indication trademarks should comply with the provisions of Article 30 of the Trademark Law. When comparing geographical indication trademarks and ordinary trademarks for similarity, if the geographical indication trademark is registered later and the ordinary trademark is registered first, factors such as the popularity, distinctiveness, and relevant public awareness of the geographical indication collective trademark should be considered. From the perspective of confusion and misunderstanding by the relevant public, it is appropriate to approve the registration; if the geographical indication trademark is registered first and the ordinary trademark is registered later, it will easily lead to confusion and misunderstanding by the relevant public about the source of the goods or services, and improperly increase the popularity of the geographical indication trademark. From this perspective, it can be determined that the two constitute similar trademarks, and ordinary trademarks will not be approved for registration.

Question 13. I am a foreign applicant who wants to apply for registration of geographical indications in China. Do the certificates of subject qualifications and legal protection certificates of the country of origin need to be certified?

Answer: Certification is required.

Authentication refers to the procedure for a country’s diplomatic and consular agencies to certify the authenticity of the last signature or seal of the notary agency on a notarized document.

China has not yet joined the Convention on the Abolition of Requirements for Authentication of Foreign Public Documents.

Article 5 of the "Regulations for the Implementation of the Trademark Law" stipulates: The notarization and authentication procedures for the power of attorney and relevant supporting documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.

When foreign applicants submit geographical indication trademark registration to the Trademark Office, they should submit relevant materials generated abroad through certification procedures before submitting them. These materials include: documents proving the applicant’s subject qualifications, proof that the geographical indication is legally protected in its name in its country of origin, proof that the applicant has obtained the right to supervise and manage the geographical indication, and proof of the applicant’s inspection capabilities.

Question 14. Is it necessary to have clear quality standards in the management rules for the use of ordinary collective/certification trademarks?

Answer: There must be.

Article 10 of the "Measures for the Registration and Management of Collective Trademarks and Certification Marks" stipulates that the management rules for the use of collective trademarks shall include the quality of goods using collective trademarks; Article 11 stipulates that the use and management of certification marks shall include The certification mark certifies the specific quality of the goods.

The official website of the Trademark Office provides a template for the rules governing the use of identical collective/certified trademarks. Article 5 of these Implementing Rules stipulates the quality standards for the goods or services provided by users of collective trademarks and registered trademarks. Applicants should clearly stipulate the quality standards for each commodity or service they apply for.

The quality standards for goods or services using collective trademarks stipulated in the Measures for the Administration of the Use of Same Trademarks can be national standards, industry standards, local standards or self-developed standards.

The quality standards of goods or services using certification marks stipulated in the Measures for the Administration of the Use of General Certification Marks should be higher than the national standards.

Question 15. We have the same registered trademark. Now we want to register the registered trademark as a collective trademark. Is it possible? Do you have any specific requirements?

A: Not feasible.

Geographical indication collective trademark, geographical indication certification mark, ***identical collective mark, ***identification certification mark, ***identical trademark are different types of trademarks, and their usage methods, rights and obligations are determined by The registrant and user are responsible. different. While a general trademark registrant can license others to use it according to his will, users of collective trademarks can only be members of collective organizations, and their goods or services must meet the quality standards stipulated in the "Trademark Usage Rules". It is a collective trademark. Therefore, even the same applicant cannot register two different types of the same or similar trademarks on the same or similar goods.

If an identical trademark has been registered, if you want to register this trademark as a collective trademark, you must cancel the previously registered identical trademark.

If you have any doubts or difficulties about trademark registration, you can consult a trademark agency to entrust trademark-related matters!