Current location - Trademark Inquiry Complete Network - Trademark registration - What products are suitable for the sale of country of origin names or geographical indications?
What products are suitable for the sale of country of origin names or geographical indications?
Legal analysis: It is feasible to give legal protection to the name of origin by means of trademark, drawing on the protection experience of most foreign countries and combining the specific national conditions of China after its entry into WTO. Therefore, the trademark law revised by 200 1 has brought the name of origin into the track of trademark legal protection, which has become one of the most remarkable features of the new trademark law in China.

1. Clearly increase the provisions on the protection of the right to name of origin, so that there is a law to protect the name of origin.

If a trademark contains a geographical indication of a commodity, and the commodity does not come from the area marked by the indication, which misleads the public, it shall not be registered and its use shall be prohibited; However, the registration in good faith continues to be effective. The second paragraph of Article 10 also indirectly stipulates the name of origin: "The place names of administrative divisions at or above the county level or foreign places known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.

2, the name of origin into the certification trademark or collective trademark protection.

A certification trademark refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services; A collective trademark refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities to show the membership of users in the organization.

Legal basis: Article 3 of the Trademark Law of People's Republic of China (PRC) is a registered trademark, including commodity trademark, service trademark, collective trademark and certification trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. The term "collective trademark" as mentioned in this Law refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities, so as to show the membership of users in the organization. The term "certification trademark" as mentioned in this Law refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Special matters concerning the registration and management of collective trademarks and certification trademarks shall be stipulated by the administrative department for industry and commerce of the State Council.