1. Definition of certification trademarks The definition of certification trademarks in Article 3 of the Trademark Law (the third revised edition on October 27, 2001): The term "certification trademarks" in this law refers to trademarks made by Controlled by an organization with the ability to supervise certain goods or services, and used by units or individuals other than the organization to prove the origin, raw materials, manufacturing methods, quality or other specific characteristics of the goods or services. A mark of quality. ?The definition of collective trademark in Article 2 of the "Registration and Management Measures for Collective Trademarks and Certification Trademarks" (first revised version on December 3, 1998): ?Certification marks refer to those registered by a company that has the authority to detect and supervise certain goods or services. A trade mark or service mark that is controlled by an organization with competent capabilities and used by persons other than it on goods or services to certify the origin, raw materials, manufacturing methods, quality, precision or other specific qualities of the goods or services. ?2. Characteristics of certification marks (1) Geographical indications and names of origin can also be registered as certification marks under certain circumstances. Therefore, certification marks include two types: origin certification marks and quality certification marks; (2) Certification marks should It is registered and controlled by an organization with the ability to detect and supervise, and is used by others other than the registrant. The registrant himself cannot use the registered certification mark; (3) The certification mark does not indicate that the goods or services originate from a certain business operation Rather, it is a sign used to prove that the goods or services themselves come from a certain place of origin or have a certain quality; (4) The procedure for permitting the use of certification trademarks is a fair and open procedure, as long as the goods or services provided by the party meet the certification requirements After completing the necessary procedures according to the standards required by the trademark, the certification trademark can be used, and the owner of the certification trademark has no right to refuse; (5) The certification trademark is a trademark used jointly by multiple individuals, and its registration, use and Management must formulate unified management rules and make them public, allowing all sectors of society to jointly supervise to protect the specific quality of goods and services and protect the interests of consumers; (6) Prove that the trademark has its own rights in the transfer of trademarks Unique, its ownership can be transferred to a legal person with corresponding detection and supervision capabilities; (7) If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may require the use of the certification trademark, the organization that controls the certification mark should allow it. 3. The relationship between certification marks of origin, geographical indications and names of origin. Geographical indications are part 3 of Part 2 of the WTO (World Trade Organization) Intellectual Property Agreement "Trade-Related Aspects of Intellectual Property Rights" (TRIPS for short). Obligation to protect signs. The TRIPS Agreement defines geographical indications: Geographical indications refer to signs that prove that a product originates from a certain member country or a certain region or a certain location within the region. Is some particular quality, reputation or other characteristic of the product essentially attributable to that geographical origin? A geographical indication is an indication of the origin of a particular product. It can be the name of a country, the name of an administrative division and the name of a region or region that will not cause misunderstanding. There are three basic characteristics of geographical indications: 1. Indicates the true source of the goods or services (i.e. the geographical location of the origin); 2. The goods or services have unique quality, reputation or other characteristics; 3. This quality or characteristic is essentially attributable to its particular geographical origin. From the above definition, it is not difficult to see that the geographical indications that the TRIPS Agreement requires member states to protect are actually more special geographical indications, which are closer to the names of origins. Appellations of origin are stipulated in the Paris Convention for the Protection of Industrial Property and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration. Appellations of origin are defined as follows: Appellations of origin refer to a country or region. Or a geographical name of a specific place, used to indicate products produced in that place, and the specific quality or characteristics of these products are entirely or mainly caused by the geographical environment, including natural and artificial factors. ?The name of origin is a special geographical indication, which focuses more on emphasizing the uniqueness of the origin. It is this uniqueness that often determines the specific quality of the origin product. Appellations of origin have the following basic characteristics: 1. It is a geographical name; 2. It expresses the geographical origin of goods or services; 3. It indicates the specific qualities and characteristics of the goods. Such as: Korla pear, Jingdezhen porcelain, etc. In fact, the geographical indications defined in the TRIPS Agreement are defined by reference to the appellations of origin under the Paris Convention.

Therefore, geographical indications and names of origin belong to the same concept. If we compare the definitions of names of origin and geographical indications, we can see the following situation. The definition of geographical indications is wider than the definition of names of origin. In other words, all appellations of origin are geographical indications, but some geographical indications are not appellations of origin. The "Regulations on the Protection of Products from Regions of Origin" (July 30, 1999) formulated by the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China stipulates a series of protective regulations for geographical indications and names of origin. According to this regulation, the former General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China is the competent authority for the protection of products in regions of origin, responsible for organizing the review of applications for product protection in regions of origin, confirming the scope of protection areas, and registering product varieties, etc. Origin certification mark is a type of certification mark that incorporates geographical indications and names of origin into the certification mark system and is protected under the Trademark Law. It is one of two categories: origin certification mark and quality certification mark. Registering a certification mark of origin is an effective way to protect the name of origin. It can be the name of an administrative division at or above the county level. It does not violate the prohibited provisions of the Trademark Law. Theoretically, it is believed that the name has a secondary meaning due to its use. ?, that is, people associate not only a place but the specific commodities produced in that place by place names, such as Fuling (mustard), Pixian (douban), etc. Certification trademarks of origin emphasize the specific (geographical and cultural) environment of the region and the essential impact of this environment on the quality characteristics of the goods. Therefore, the "Certification Trademark Registration Management Rules" provided when applying must be explained in detail, and they must also be emphasized during the review. place of investigation. According to the provisions of the Trademark Law, the Implementation Regulations of the Trademark Law and the Measures for Registration and Management of Collective Trademarks and Certification Marks, from the definition of certification marks, names of origin belong to the category of certification marks in my country. Registration and protection of origin certification trademarks can effectively improve the visibility and competitiveness of products in domestic and international markets. Only after registering a certification mark domestically can the name of origin be registered internationally in accordance with the international treaties that my country has joined (the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement), and can make full use of the relevant priority provisions. , obtaining international registration as early as possible will help trademark registrants use legal weapons to protect their own rights and interests in domestic and international trade. According to international practice, when the name of origin conflicts with trademark rights, the "first to file" principle must be implemented. Therefore, our country now uses a relatively mature trademark registration and management system to protect origin certification trademarks, which can not only give full play to the current With system and personnel advantages, it can save the material and human resources of setting up a separate dedicated department, and can make full use of the complete registered trademark archive system to avoid conflicts between certificate of origin trademarks and previously registered trademark rights. 4. The significance of protecting certification trademarks Certification trademarks are used to ensure the specific quality of the goods used, which is helpful for enterprises to promote goods to the market, and also helps consumers choose goods and ensure the quality of goods. Previous page12Next page Certification trademark