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How do enterprises declare geographical indications?
Geographical indication declaration process

Find an agency to entrust, and then prepare the materials:

1. Application for trademark registration with the official seal of the applicant.

2. Documents and photocopies proving the subject qualification of the trademark applicant, or valid photocopies stamped with the applicant's seal, and shall specify in detail the professional technicians and professional testing equipment owned by them or the institutions entrusted by them, so as to show that they have the ability to supervise the quality of the specific goods proved by the certification trademark.

3. Where a geographical indication is used as a trademark registration certificate, the following contents shall be stated in the application:

(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;

(two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area marked by the geographical indication;

(3) the area marked by geographical indications.

4. Management rules for the use of certification trademarks.

5. Six copies of the trademark pattern (one copy on the back of the application and five copies), with clear pattern, and the length and width of the specification shall not be less than 5 cm and not more than 10 cm. If a color is specified, paste 1 color pattern, cross 5 color patterns, and attach 1 black and white pattern.

6. If you apply for registration directly in the trademark registration hall, you must submit a copy of the agent's ID card and show the original; Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted.

7. Where the certification trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use the portrait as a trademark registration shall be attached.

Brief introduction of geographical indications

Geographical indications, also known as signs of origin (or names), are defined in Article 22, paragraph 1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) as "indicating that a commodity originated in the territory of a member, or a region or place within the territory, and the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin". China's Trademark Law, revised by 200 1, has also added provisions on geographical indications. Paragraph 2 of Article 16 stipulates: "The geographical indications mentioned in the preceding paragraph refer to the indication that the goods originate from a certain region, and their specific quality, reputation or other characteristics are mainly determined by natural factors or human factors in that region." As can be seen from the TRIPS Agreement and China's Trademark Law, the definition of geographical indications is basically the same: geographical indications are indications that a commodity originated in the territory or region of a member within the geographical scope, and that the specific quality, reputation or other characteristics of the commodity are mainly related to the geographical origin.

Geographical indications indicate that a commodity originates 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.

If a trademark contains a geographical indication or is the same as or similar to a geographical indication, and the goods designated for use are not from the area marked by the indication, which may easily cause confusion and misunderstanding among relevant consumers, it shall not be registered; However, the registration in good faith continues to be effective.

Section III of Part II of the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization stipulates the obligation of members to protect geographical indications.

The definition of geographical indications in the TRIPS Agreement: "Geographical indications refer to signs that prove 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.

basic feature

1. regional

Intellectual property rights are all regional and protected only within a certain range, but geographical indications are more regional, because geographical indications are not only protected by the state, but also restricted by their owners, and can only be used by producers of commodity sources.

2. Group nature

Geographical indications can be used by all enterprises and individuals in the origin of goods, as long as the goods they produce meet the product quality represented by geographical indications, so that more than one person uses the same geographical indication in the same area, which makes the owners of geographical indications group.

3. uniqueness

Geographical indications, as a mark, are associated with a certain geographical area. Its main function is to enable consumers to distinguish between goods from a certain region and similar goods from other regions, compare and choose from the surface, so as to find the best matching point between commodity value and use value and buy the goods they want.

4. Main factors

Natural factors and human factors are the main factors affecting geographical indications. Among them, natural factors refer to the climate, soil, water quality and natural species of origin; Human factors refer to the unique production technology, process and formula of products in the country of origin.