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The Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks have been reviewed and approved at the executive meeting of the State Administration for Industry and Commerce of the People's Republic of China. They are hereby promulgated and shall come into effect on June 1, 2003.
Director Wang Zhongfu
April 17th, 2003
Article 1: In accordance with Article 3 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), these Measures are formulated.
Article 2: The registration and management of collective trademarks and certification trademarks shall be carried out in accordance with the relevant provisions of the Trademark Law, the Implementing Regulations of the Trademark Law of the People's Republic of China (hereinafter referred to as the Implementing Regulations), and these Measures.
Article 3: The provisions of these Measures regarding goods shall apply to services.
Article 4: For applications for collective trademark registration, a certificate of subject qualification shall be attached and the names and addresses of the members of the collective organization shall be detailed; If a geographical indication is applied for registration as a collective trademark, it shall be accompanied by a certificate of subject qualification and shall provide detailed information on the professional and technical personnel, professional testing equipment, etc. it possesses or its authorized institution possesses, in order to demonstrate its ability to supervise the specific quality of the geographical indication trademark.
The group, association or other organization applying for the registration of a geographical indication as a collective trademark shall be composed of members from the area indicated by the geographical indication.
Article 5: When applying for certification of trademark registration, a certificate of subject qualification shall be attached and detailed information shall be provided on the professional and technical personnel, professional testing equipment, etc. possessed by the applicant or its authorized institution, to demonstrate its ability to supervise the specific quality of the goods certified by the certification trademark.
Article 6: For applications to register geographical indications as collective trademarks or certification trademarks, approval documents from the people's government or industry regulatory department in charge of the area indicated by the geographical indication shall also be attached.
Foreigners or foreign enterprises applying to register geographical indications as collective trademarks or certification trademarks shall provide proof that the geographical indication is legally protected in its name in its country of origin.
Article 7: If a geographical indication is registered as a collective trademark or a certification trademark, the following information shall be stated in the application documents:
(1) The specific quality, reputation, or other characteristics of the goods indicated by the geographical indication;
(2) The relationship between the specific quality, reputation, or other characteristics of the product and the natural and cultural factors of the region indicated by the geographical indication;
(3) The scope of the area indicated by the geographical indication.
Article 8: Geographical indications applied for registration as collective trademarks or certification trademarks may be the name of the region indicated by the geographical indication, or other visible indications that can indicate the origin of a certain commodity from that region.
The area referred to in the preceding paragraph does not need to be completely consistent with the current administrative division name and scope of that area.
Article 9: If multiple geographical indications for wine form homophones or homophones, each geographical indication can be registered as a collective trademark or certification trademark, provided that these geographical indications can be distinguished from each other and do not mislead the public.
Article 10: The rules for the use and management of collective trademarks shall include:
(1) The purpose of using collective trademarks;
(2) The quality of goods using the collective trademark;
(3) The procedures for using the collective trademark;
(4) The right and obligation to use the collective trademark;
(5) The responsibility that members should bear for violating their usage management rules;
(6) The registrant's inspection and supervision system for goods using the collective trademark.
Article 11: The rules for the use and management of certification trademarks shall include:
(1) The purpose of using the certification trademark;
(2) The specific quality of the goods certified by the trademark;
(3) The conditions for using the certification trademark;
(4) The procedures for using the certification trademark;
(5) The right and obligation to use the certification trademark;
(6) The user shall bear the responsibility for violating the usage management rules;
(7) The registrant's inspection and supervision system for goods using the certification trademark.
Article 12: If the geographical indication of wine or spirits registered as a collective trademark or certification trademark by others does not originate from the region indicated by the geographical indication, even if the true source of the goods is also indicated, or translated text is used, or accompanied by expressions such as "certain", "certain", "certain", "certain", etc., the provisions of Article 16 of the Trademark Law shall apply.
Article 13: The content of the preliminary approval announcement for collective trademarks and certification trademarks shall include the full text or abstract of the rules for the use and management of the trademark.
Any modification of the rules for the use and management of collective trademarks or certification trademarks by the registrant shall be submitted to the Trademark Office for examination and approval, and shall take effect from the date of announcement.
Article 14: If there is a change in the members of the collective trademark registrant, the registrant shall apply to the Trademark Office for a change in the registered items, which shall be announced by the Trademark Office.
Article 15: If it is proven that the trademark registrant permits others to use their trademark, the registrant shall report to the Trademark Office for filing within one year, and the Trademark Office shall make an announcement.
Article 16: When applying for the transfer of collective trademarks or certification trademarks, the transferee shall have the corresponding subject qualifications and comply with the provisions of the Trademark Law, the Implementing Regulations, and these Measures.
If a collective trademark or a certification trademark is transferred, the rights successor shall have the corresponding subject qualification and comply with the provisions of the Trademark Law, the Implementing Regulations, and these Measures.
Article 17: Collective members of a collective trademark registrant may use the collective trademark after completing the procedures stipulated in the rules for the use and management of the collective trademark.
Collective trademarks shall not be licensed to non collective members for use.
Article 18: Anyone who meets the conditions stipulated in the rules for the management of the use of a certification trademark may use the certification trademark after completing the procedures stipulated in the rules, and the registrant shall not refuse to handle the procedures.
The legitimate use of the geographical indication in the second paragraph of Article 6 of the Implementation Regulations refers to the legitimate use of the place name in the geographical indication.
Article 19: If a collective trademark is used, the registrant shall issue a "Certificate of Collective Trademark Use" to the user; If using a certification trademark, the registrant shall issue the user a "Certificate of Trademark Use".
Article 20: The registrant of a certification trademark shall not use the certification trademark on the goods they provide.
Article 21: If the registrant of a collective trademark or a certification trademark fails to effectively manage or control the use of the trademark, resulting in the use of goods that do not meet the requirements of its usage management rules and causing harm to consumers, the administrative department for industry and commerce shall order correction within a specified period of time; Those who refuse to make corrections shall be fined up to three times their illegal gains, but not exceeding a maximum of 30000 yuan; If there are no illegal gains, a fine of up to 10000 yuan shall be imposed.
Article 22: Those who violate the provisions of Article 6 of the Implementation Regulations, Article 14, Article 15, Article 17, Article 18, and Article 20 of these Measures shall be ordered by the administrative department for industry and commerce to make corrections within a specified period of time; Those who refuse to make corrections shall be fined up to three times their illegal gains, but not exceeding a maximum of 30000 yuan; If there are no illegal gains, a fine of up to 10000 yuan shall be imposed.
Article 23: These Measures shall come into effect on June 1, 2003. The Measures for the Registration and Administration of Collective Trademarks and Certification Trademarks, issued by the State Administration for Industry and Commerce on December 30, 1994, are simultaneously abolished.
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