Geographical indications can be counted as intellectual property rights. Because intellectual property rights include the exclusive rights enjoyed by right holders with respect to geographical indications and other objects, geographical indications are an important type of intellectual property, an effective carrier for promoting regional economic development, a strong support for rural revitalization, and a tool for promoting foreign trade diplomacy. Important areas are living carriers for protecting and inheriting traditional excellent culture, and are also important resources for enterprises to participate in market competition.

Geographical indication application conditions

1. If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request the use of the certification mark. , the organization that controls the certification mark should allow it.

2. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request to join the group, association or organization that registers the geographical indication as a collective trademark. Other organizations, the group, association or other organization shall be admitted as a member in accordance with its articles of association; Groups, associations or other organizations that are not required to participate in the registration of the geographical indication as a collective trademark may also legitimately use the geographical indication, and the group, association Or other organizations have no right to prohibit it.

3. Article 16 of the Trademark Law stipulates that if a trademark contains a geographical indication of a product and 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, it has been Registration obtained in good faith continues to be valid.

Geographic indication application process

1. Submit the "Application for Trademark Registration". When entrusting an agency, you should also attach Huibao Intellectual Property's "Trademark Agency Power of Attorney".

2. A copy of the applicant’s subject qualification certificate (the official seal of the applicant must be affixed). The applicant for geographical indication registration can be a corporate legal person, or a scientific research and technology promotion institution that has obtained a corporate legal person certificate or business license. , quality inspection agencies or production and marketing service agencies, etc. When applying for a geographical indication collective trademark, a list of collective members should be attached. When a foreigner or foreign enterprise applies for registration of a geographical indication collective trademark or certification mark, he or she must provide proof that the geographical indication is protected by law in its name in its country of origin.

3. Documents authorizing the applicant to apply for registration and supervise and manage the geographical indication from the people's government or industry competent department of the area marked by the geographical indication.

4. Proof of the objective existence and reputation of the geographical indication product (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 geographical scope indicated by geographical indications. Relevant documents include: the geographical scope stated in county chronicles, agricultural chronicles, and product chronicles, or the geographical scope issued by the competent department at or above the provincial level. Supporting documents.

6. Rules for the use and management of geographical indication certification marks and collective trademarks

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. If the applicant has the ability to inspect and test, the applicant needs to submit a list of inspection equipment and a list of inspectors, and affix the official seal of the applicant . If the applicant entrusts others with inspection and testing, the original of the entrusted inspection and testing contract signed between the applicant and an institution with inspection and testing qualifications shall be attached.

Legal basis:

Article 123 of the "People's Republic of China and Civil Code"

Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects specified by law.