A certification trademark is also called a guarantee trademark. 1. Definition of Certification Trademark Article 3 of the Trademark Law (third revision of 2001/kloc-0) defines a certification trademark as: "The certification trademark mentioned in this Law refers to a commodity or service that is controlled by an organization with supervisory ability but used by a unit or individual outside the organization to prove the origin of the commodity or service. Article 2 of the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks (1first revised on February 3, 1998) defines a collective trademark as: "A certification trademark refers to a trademark controlled by an organization that has the ability to detect and supervise a certain commodity or service, but used by people outside it to prove the origin, raw materials, manufacturing methods, quality and accuracy of the commodity or service. 2. Features of certification marks (1) Geographical indications, and the name of origin can also be registered as certification marks under certain circumstances. Therefore, certification marks have two types: certification marks of origin and quality certification marks; (2) The certification mark shall be registered and controlled by an institution with the ability of inspection and supervision, and used by others other than the registrant, and the registrant cannot use the registered certification mark by himself; (3) A certification trademark is not a sign that a commodity or service comes from a certain operator, but a sign that the commodity or service itself comes from a certain place of origin or has a certain quality; (4) Prove that the trademark licensing procedure is a fair and open procedure. As long as the goods or services provided by the parties meet the standards required by the certification mark and the necessary procedures are fulfilled, the certification mark can be used to prove that the trademark owner has no right to refuse; (5) A certification trademark is a trademark jointly used by several people, and its registration, use and management must formulate unified management rules and be announced to the public, so that all sectors of society can jointly supervise, protect the specific quality of goods and services and protect the interests of consumers; (6) prove that the trademark has its own uniqueness in the transfer, and its ownership can be transferred to a legal person with corresponding detection and supervision capabilities; (7) 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. (8)3. The relationship between the certificate of origin trademark and geographical indications and the name of origin. Geographical indication is WTO intellectual property agreement (TRIPS agreement for short). The third section of the second part stipulates the obligation of members to protect geographical indications. The definition of "geographical indication" in TRIPS Agreement is: "Geographical indication refers to the indication that a product originated in a member country or a region or a place in the region. Some specific quality, reputation or other characteristics of products can be attributed to geographical origin in essence. " Geographical indications are signs of the source of specific products. It can be the names of countries and administrative divisions, as well as the names of regions and regions that will not cause misunderstanding. Geographical indications have three basic characteristics: 1. It indicates the real source of goods or services (i.e. geographical location of origin); 2. The goods or services have unique quality, reputation or other characteristics; 3. This quality or characteristic can be attributed to its special geographical origin in essence. From the above definition, it is not difficult to see that the geographical indications that TRIPS requires member countries to protect are actually special geographical indications, which are closer to the name of origin. The name of origin is defined according to the Paris Convention for the Protection of Industrial Property and the Lisbon Agreement for the Protection of the Name of Origin and its International Registration. The definition of the name of origin is: "The name of origin refers to the geographical name of a country, region or specific place, which is used to identify the products produced there. The specific qualities or characteristics of these products are completely or mainly caused by geographical environment, including natural and human factors. " The name of origin is a special geographical indication, which emphasizes the uniqueness of origin and often determines the specific quality of products of origin. The name of origin has the following basic characteristics: 1. It is a geographical name; 2. Clearly indicate the geographical origin of the goods or services; 3. It shows the specific quality and characteristics of commodities. Such as Korla pear and Jingdezhen porcelain. In fact, the geographical indications defined in the TRIPS Agreement are defined with reference to the names of origin in the Paris Convention. Therefore, geographical indications and names of origin belong to the same concept. If we want to compare the definitions of the name of origin and geographical indications, we can see the following: the definition of geographical indications is broader than that of the name of origin. In other words, all names of origin are geographical indications, but some geographical indications are not names of origin. The Regulations on the Protection of Geographical Products (1July 30, 1999) formulated by the General Administration of Quality Supervision, Inspection and Quarantine has made a series of protective provisions on geographical indications and names of origin. According to this regulation, the former General Administration of Quality Supervision, Inspection and Quarantine is the competent department of product protection in geographical areas of origin, and is responsible for organizing the examination of the application for product protection in geographical areas of origin, the confirmation of the scope of protection areas, and the registration of product varieties. A certificate of origin trademark is a type of trademark law that incorporates geographical indications and names of origin into the certification trademark system, namely, a certificate of origin trademark and a certificate of quality trademark. Trademark registration of certificate of origin is an effective way to protect the name of origin, which can be the name of an administrative division at or above the county level, without violating the prohibition clause of the Trademark Law. Theoretically, the name has a "second meaning" because of its use, that is, people associate it with place names. The trademark of certificate of origin emphasizes the specific (geographical and cultural) environment in this area and the essential influence of this environment on the quality characteristics of goods. Therefore, the management rules of certificate trademark registration provided at the time of application should be explained in detail, which is also the focus of examination. According to the provisions of the Trademark Law, the Regulations for the Implementation of the Trademark Law and the Administrative Measures for the Registration of Collective Trademarks and Certification Trademarks, from the definition of certification trademarks, the names of origin belong to the category of certification trademarks in China. The registration and protection of the certificate of origin trademark can effectively improve the popularity and competitiveness of products in domestic and foreign markets. After the certification trademark is registered in China, the international registration of the name of origin can only be carried out according to the international treaties (madrid agreement concerning the international registration of marks and the relevant protocols of Madrid Agreement) to which China has acceded, and the international registration can be obtained as soon as possible by making full use of the provisions of priority, which is beneficial for trademark registrants to use legal weapons to protect their rights and interests in domestic and international trade. According to international practice, when there is a conflict between the name of origin and the trademark right, the principle of "application first" must be implemented. Therefore, China now adopts a mature trademark registration management system to protect the certificate of origin trademark, which can not only give full play to the advantages of the existing system and personnel, save the material and human resources of a separate department, but also make full use of the complete registered trademark file system to avoid the conflict between the certificate of origin trademark and the registered prior trademark right. 4. The significance of protecting certification trademarks Certification trademarks are used to ensure the specific quality of the goods used, which is beneficial for enterprises to sell goods to the market, and is also beneficial for consumers to choose goods and ensure the quality of goods. The registered certification trademark can protect the famous local products in China. China has a vast territory, rich natural climate, and many special products with origin significance. Agricultural and sideline products and handicrafts are important resources and traditional export commodities in China. If the commodity name is abused and loses its original quality characteristics, it may weaken the characteristics of some products and lose our precious wealth. The registration and management of trademarks by institutions with monitoring capabilities and their protection by law will enable operators and producers to produce goods and provide services in accordance with the prescribed conditions, ensure the specific quality of goods and services, and enable registrants and users of certification trademarks to follow rules and use them according to law. This is the need of system construction and an indispensable part of the construction and development of market economy. 5. The difference between a certification trademark and an ordinary trademark (commodity trademark and service trademark) (1) A certification trademark indicates that a commodity or service has a certain quality, and an ordinary trademark indicates that the commodity or service comes from a certain operator. (2) The registrant of a certification trademark must be an organization established according to law, with legal personality and capable of testing and supervising the specific quality of goods and services. The applicant for the registration of ordinary trademarks only needs to be a legally registered operator. (3) When applying for the registration of certification trademarks, the management rules must be submitted in accordance with the Administrative Measures for the Registration of Collective Trademarks and Certification Trademarks, and ordinary trademarks only need to be submitted in accordance with the Trademark Law and the Regulations for the Implementation of the Trademark Law. (4) A registrant of a certification trademark cannot use the certification trademark on the goods or services it deals in, and an ordinary trademark must use its registered trademark on the goods or services it deals in. (5) To permit others to use the certification trademark, they must go through the formalities in accordance with the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks and issue a license. To allow others to use generic trademarks, they must sign a license contract. (6) Both certification trademarks and ordinary trademarks are transferable. However, the transferee of the certification trademark must be an organization established according to law, with legal person qualification and detection and supervision ability. Transferees of ordinary trademarks include individual industrial and commercial households and partners registered according to law. (7) The Trademark Office shall not approve the same or similar trademark registration within two years after the expiration of the validity period of the certification trademark, while the Trademark Office can only approve the same or similar trademark registration within one year of the ordinary trademark. 6. Qualifications and conditions of the applicant for trademark registration certificate (1) According to Article 3 of the Trademark Law and Article 2 of the Measures for the Administration of Registration of Collective Trademarks and Certification Trademarks (first revised edition 1998 12), the main qualification scope of the applicant for trademark registration in China is: "To supervise a certain commodity or service. B, there must be a certificate of the applicant's main qualification issued by the local administrative department for industry and commerce, that is, the legal documents that the applicant is registered according to law and has the legal person qualification, and at the same time, it should provide a certificate issued by the competent department that the applicant has the ability to test and supervise the specific quality of the designated registered goods or services. The competent department generally refers to the competent department at or above the central or provincial level. C. The Detailed Rules for the Administration of Trademark Application for Certification must be formulated. 7. Management Rules for the Use of Certification Trademarks According to Article 5 of the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks, the management rules for the use of certification trademarks shall generally include the following points: 1. Name, address, legal representative and business scope, etc. Organizations with detection and supervision capabilities. 2. The purpose (meaning and purpose) of using the certification mark. 3. The meaning logo the trademark. 4. Brief introduction of the contents of the trademark certificate (specific quality and characteristics of goods or services). 5. Conditions, formalities and procedures for using trademarks. 6. List of entrusted or designated testing institutions. 7. The amount of trademark royalties and fees charged. 8. Rights and obligations of using certification trademarks and responsibilities for violating regulations. 9. Loss of the right to use. 10. The right to use is not transferable. 1 1. Rights and obligations of registrants. 8. Proving the rights and obligations of the registrant and the user of a trademark Once registered, a certification trademark can be used if it meets the requirements stipulated in the Rules for the Administration of the Use of Certification Trademarks after fulfilling the procedures prescribed by the registrant. If the goods or services provided by the parties meet the requirements stipulated in the certification trademark, the registrant shall not refuse to use them. Any amendment made by the registrant to the Rules for the Administration of the Use of Certification Trademarks shall be approved by the Trademark Office and shall take effect as of the date of announcement. The registrant of a certification trademark shall report the user's name, address, goods or services used, etc. within 1 month after going through the formalities for using the certification trademark with others. File with the Trademark Office, and the Trademark Office will make an announcement. The registrant of a certification trademark shall not use the certification trademark on the goods or services it provides. The registrant of the certification trademark may transfer the registered certification trademark to other organizations with the ability of detection and supervision, but it must take effect from the date of approval by the Trademark Office. If the registrant of a certification trademark violates the provisions of Articles 10, 11 and 12 of the Measures for the Administration of Registration of Collective Trademarks and Certification Trademarks, the Trademark Office may order him to correct or cancel his registered certification trademark within a time limit. The registrant of a certification trademark must fulfill the control obligation, so that the goods or services of the certification trademark users do not meet the requirements of the Regulations on the Administration of the Use of Certification Trademarks, thus causing damage to consumers, and the registrant shall be liable for compensation. If the registrant of a certification trademark loses control over the use of its trademark, the Trademark Office shall revoke the registered trademark. If it is proved that the exclusive right to use a trademark has been infringed, the registrant may, in accordance with the relevant provisions of the Trademark Law and the Detailed Rules, request the administrative department for industry and commerce to handle it, or directly bring a suit in a people's court. The announced user can participate in the above request as an interested party. When the registrant of a certification trademark licenses others to use its trademark, he will issue a certificate of license for the use of the certification trademark, and report the name, address and goods or services used by the user to the Trademark Office for the record, and the Trademark Office will make an announcement. The License for the Use of Certification Trademarks shall record all the contents in detail according to the prescribed book form and be signed by the registrant. A certain management fee may be charged, but it shall not be for the purpose of making profits and shall be used exclusively for the management of certification trademarks. Certification trademark