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How to apply for a geographical indication

Legal Analysis: The process of applying for a geographical indication trademark: Application for a geographical indication trademark can be made in the form of a collective trademark or a certification mark. The application process is the same as that of an ordinary trademark. The applicant or agent submits it to the Trademark Office. Trademark registration application. The required materials include:

1. "Application for Trademark Registration";

2. A copy of the applicant's qualification certificate (the official seal of the applicant must be stamped);

3. Documents authorizing the applicant to apply for registration and supervise and manage the geographical indication from the people’s government or industry authorities in the area marked by the geographical indication;

4. The objective existence and reputation of the geographical indication product Documents proving the situation (including: county records, agricultural records, product records, etc.) and stamped with the official seal of the department that issued the certification materials;

5. Relevant documents and materials for the division of the geographical scope indicated by the geographical indication;< /p>

6. Management rules for the use of geographical indication certification marks and collective marks.

7. Explanation that the specific quality of geographical indication products is determined by specific regional environment or humanistic factors.

8. Proof that the geographical indication applicant has the ability to supervise and test the geographical indication. For details, please refer to the "Geographical Indications" column of the China Trademark Network. Legal basis: "Trademark Law of the People's Republic of China" Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark and misleads the public, it shall not be registered and its use shall be prohibited; However, registration that has been obtained in good faith continues to be valid. The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or humanistic factors of the region. Article 22 An applicant for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages. Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted. Article 24 If a registered trademark needs to change its logo, a new application for registration shall be submitted. Article 25 If a trademark registration applicant files an application for trademark registration in China with the same trademark for the same goods within six months from the date when the trademark is first filed in a foreign country, the applicant shall apply for trademark registration in China in accordance with the agreement signed between the foreign country and China. Priority may be enjoyed in accordance with an agreement or an international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority. To claim priority in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first trademark registration application document shall be submitted within three months; if a written statement is not made or the trademark registration application is not submitted within the time limit, Copies of documents shall be deemed not to have claimed priority. Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within six months from the date of exhibition of the goods. Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration, and within three months submit the name of the exhibition where the goods are exhibited, evidence of the use of the trademark on the goods on display, and the date of exhibition. and other supporting documents; if a written statement is not made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed. Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.