Article 1 These Measures are formulated in accordance with Article 3 of the Trademark Law of People's Republic of China (PRC) (hereinafter referred to as the Trademark Law).
Article 2 The registration and administration of collective trademarks and certification trademarks shall be carried out in accordance with the Trademark Law, the Regulations for the Implementation of the Trademark Law of People's Republic of China (PRC) (hereinafter referred to as the "Regulations") and the relevant provisions of these Measures.
Article 3 The provisions on commodities in these Measures shall apply to services. Article 4 Where an applicant applies for the registration of a collective trademark, it shall attach a certificate of subject qualification, and specify the names and addresses of the members of the collective organization in detail; Where a geographical indication is applied for registration as a collective trademark, it shall be accompanied by a subject qualification certificate, and a detailed description of its professional and technical personnel and professional testing equipment or its entrusted institutions shall be given to show that it has the ability to supervise the specific quality of the goods using the geographical indication.
A group, association or other organization that applies for the registration of a geographical indication as a collective trademark shall be composed of members of the area marked by the geographical indication.
Article 5 Where an applicant applies for the registration of a certification trademark, it shall attach the qualification certificate of the subject, and specify in detail the professional technicians and professional testing equipment it owns or the institutions entrusted by it, so as to show that it has the ability to supervise the quality of the specific commodities certified by the certification trademark.
Article 6 Where an application is made to register a geographical indication as a collective trademark or a certification trademark, the approval document of the people's government or the competent department of industry in the area marked by the geographical indication shall also be submitted.
If a foreigner or foreign enterprise applies to register a geographical indication as a collective trademark or a certification trademark, the applicant shall provide proof that the geographical indication is protected by law in its country of origin.
Article 7 Where a geographical indication is registered as a collective trademark or certification trademark, the following contents shall be stated in the application:
(a) 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.
Article 8 A geographical indication applying for registration as a collective trademark or a certification trademark may be the name of the region indicated by the geographical indication, or other visual indications that can show that the goods originated in the region.
The area mentioned in the preceding paragraph does not need to be exactly the same as the name and scope of the current administrative division of the area.
Article 9 Where multiple geographical indications of wine constitute homonyms or homonyms, each geographical indication may apply for registration as a collective trademark or certification trademark, provided that these geographical indications can be distinguished from each other and do not mislead the public.
Article 10 The rules for the use of collective trademarks include:
(a) the purpose of using the collective trademark;
(two) the quality of the goods using the collective trademark;
(3) Procedures for using the collective trademark;
(four) the rights and obligations to use the collective trademark;
(five) the responsibility of a member who violates the rules governing its use;
(6) the inspection and supervision system of the registrant on the goods using the collective trademark.
Article 11 The rules for the use of certification trademarks include:
(a) the purpose of using the certification trademark;
(2) The specific quality of the goods certified by the certification trademark;
(3) Conditions for using the certification trademark;
(4) Procedures for using certification trademarks;
(five) the rights and obligations to use the certification trademark;
(six) the user's responsibility for violating the use management rules;
(seven) the inspection and supervision system of the registrant on the goods using the certification trademark.
Article 12 The use of another person as a collective trademark to prove that the geographical indication of liquor and spirits registered in the trademark is not originated in the area marked by the geographical indication, even if the true origin of the commodity is marked at the same time, or translated words are used, or expressions such as "a certain variety", "a certain type", "a certain type" and "a certain type" are attached, the provisions of Article 16 of the Trademark Law shall apply.
Article 13 The contents of the announcement on the preliminary examination and approval of collective trademarks and certification trademarks shall include the full text or abstract of the rules for the use of trademarks.
The registrant of a collective trademark or certification trademark shall report to the Trademark Office for approval and take effect as of the date of announcement.
Article 14 Where the members of a collective trademark registrant change, the registrant shall apply to the Trademark Office to change the registered items, and the Trademark Office shall make an announcement.
Article 15 If it is proved that a trademark registrant allows others to use his trademark, the registrant shall report it to the Trademark Office for the record within one year, and the Trademark Office shall make an announcement.
Article 16 Where an applicant applies for the transfer of a collective trademark or certification trademark, the transferee shall have the corresponding subject qualification and comply with the provisions of the Trademark Law, the Implementation Regulations and these Measures.
Where a collective trademark or certification trademark is transferred, the right successor shall have the corresponding subject qualification and comply with the provisions of the Trademark Law, the Implementation Regulations and these Measures.
Seventeenth collective members of the collective trademark registrant can use the collective trademark after fulfilling the procedures stipulated in the Rules for the Administration of the Use of Collective Trademarks.
Collective trademarks shall not be licensed to non-collective members.
Article 18 Where the conditions stipulated in the Rules for the Administration of the Use of Certification Trademarks are met, a certification trademark may be used after the procedures stipulated in the Rules for the Administration of the Use of Certification Trademarks have been fulfilled, and the registrant may not refuse to handle it.
The proper use of geographical indications mentioned in the second paragraph of Article 6 of the Implementing Regulations refers to the proper use of geographical names in geographical indications.
Article 19 Where a collective trademark is used, the registrant shall issue a certificate of the use of the collective trademark to the user; Where a certification trademark is used, the registrant shall issue a certificate of the use of the certification trademark to the user.
Article 20 A registrant of a certification trademark shall not use the certification trademark on the goods it provides.
Article 21 If the registrant of a collective trademark or a certification trademark fails to effectively manage or control the use of the trademark, resulting in the goods used by the trademark not meeting the requirements of its use management rules and causing damage to consumers, the administrative department for industry and commerce shall order it to make corrections within a time limit; Refuses to correct, impose a fine of less than 3 times the illegal income, but the maximum is not more than 30 thousand yuan; If there is no illegal income, a fine of 6,543,800 yuan will be imposed.
Twenty-second in violation of the provisions of Article 6, Article 14, Article 15, Article 17, Article 18 and Article 20 of the Implementation Regulations, the administrative department for industry and commerce shall order it to make corrections within a time limit; Refuses to correct, impose a fine of less than 3 times the illegal income, but the maximum is not more than 30 thousand yuan; If there is no illegal income, a fine of 6,543,800 yuan will be imposed.