Geographical indications are unfamiliar to ordinary consumers, but everyone may be more familiar with green food logos. Geographical indications are similar to green food marks. They are signs in themselves because they contain many connotations and are given value. Using this sign can increase the added value of the product, so some people will think of using geographical indications. So who can use geographical indications? ?

1. Quality inspection regulations

According to the "Regulations on the Protection of Geographical Indication Products", the user must be a producer within the origin of geographical indication products.

The "Regulations on the Protection of Geographical Indication Products" stipulates that to use special signs for geographical indication products, applications should be submitted to the local Quality and Technical Supervision Bureau or the Entry-Exit Inspection and Quarantine Bureau. The "Implementation Rules for the Protection of Geographical Indication Products" stipulates that application for use should be submitted to the institution identified in the approval announcement. Regulations within the same department are inconsistent.

2. Industry and Commerce Regulations

The "Registration and Management Measures for Collective Trademarks and Certification Marks" stipulates that if you use a geographical indication collective mark, you must join the collective. If you use a geographical indication certification mark, you must join the collective. , apply to the registrant, and the registrant shall not refuse as long as it meets the conditions stipulated in the management rules for the use of certification trademarks.

3. Regulations of the Ministry of Agriculture

The "Measures for the Administration of Geographical Indications of Agricultural Products" stipulates that those who meet the conditions can apply for use and apply to the holder of the registration certificate.

4. Overview

All three geographical indications stipulate that applicants for the use of geographical indications must be subjects within the scope delineated by geographical indications, which is relatively broad, including enterprises, cooperatives, and other organizations. Yes, can individuals apply? Only individuals can do so according to the regulations of the Ministry of Agriculture. There are no clear regulations on quality inspection and industry and commerce. However, no individual application for use has been approved in the use announcement.

Which institution should I apply to specifically? The three regulations are not the same, and applications can be made to the registrant (manager, certificate holder). Applicants only need to meet the requirements. In principle, they cannot be rejected and no fees are charged. However, according to the requirements of quality inspection and industry and commerce, relevant procedures must be completed.

Organized by: Wang Yu

May 2019