Measures for the Registration and Administration of Collective Marks and Certification Marks
Article 2. The registration and administration of collective
marks and certification marks shall be conducted in accordance with the
relevant provisions of the Trademark Law, the Implementing Regulations for
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 concerning
goods shall apply to services.
Article 4. Any party applying for the registration of
a collective mark shall furnish documents certifying the qualification of the
subject and indicate in detail the names and addresses of the members of the
collective. Any party applying for the registration of a geographic
indication as a collective mark shall furnish documents certifying the
qualification of the subject and submit the detailed information of the
professionals and special testing equipments of its own or of any other
organization authorized by it to show its capability of supervising the
particular quality of the goods to which the said geographic indication
applies.
Article 5. Any party applying for the registration of
a certification mark shall furnish documents certifying the qualification of
the subject and submit detailed information of the professionals and special
testing equipments of its own or of any other organization authorized by it
to show its capability of supervising the particular quality of the goods to
which the said certification mark applies.
Article 6. Any party applying for the registration of
a geographic indication as a collective mark or a certification mark shall
also furnish the approval documents issued by the government, which has
jurisdiction there over, or the competent authority of the industry.
Article 7. Any party applying for the registration of
a geographic indication as a collective mark or a certification mark shall
present the following information in the application documents:
Article 8. A geographic indication in respect of which
an application is filed for the registration as a collective mark or a
certification mark may be a name of the region indicated by the geographic
indication, or any other visual signs capable of indicating that a goods
originate from the region.
Article 9. Where several geographic indications for
wines constitute homonyms and these geographic indications can be
distinguished from one another and do not mislead the public, each geographic
indication may be applied for the registration as a collective mark or
certification mark.
Article 10. The regulation governing the use of a
collective mark shall include:
Article 11. The regulation governing the use of a
certification mark shall include:
Article 12. Where any party uses another party's
registered geographical indication for wines or spirits as a collective mark
or certification mark to identify wines or spirits not originating in the
place indicated by the geographical indication in question, even where the
true origin of the goods is indicated or the geographical indication is used
in translation or accompanied by expressions such as "kind",
"type", "style", "imitation" or the like,
Article 16 or the Trademark Law shall apply.
Article 13. The content of the publication of a
collective mark or certification mark after the preliminary examination shall
include the full text or abstract of the regulation governing the use of the
mark in question.
Article 14. If a change occurs in the membership of the
registrant of a collective mark, the registrant shall apply to the Trademark
Office for the modification of the registered matters and the Trademark
Office shall publish it.
Article 15. Where the registrant of a certification
mark allows another party to use his or its mark, he or it shall report to
the Trademark Office for record, and the Trademark Office shall publish it.
Article 16. When an application is filed for the assignment
of a collective mark or a certification mark, the assignee shall have the
relevant qualification as a subject and shall comply with the provisions of
the Trademark Law, the Implementing Regulations and these Measures.
Article 17. The collective members of the registrant of
a collective mark may use the collective mark after going through the
procedure under the regulation governing the use of the mark.
Article 18. Any party eligible for the conditions
stipulated in the regulation governing the use of a certification mark may
use the mark after going through the procedure prescribed therein, and the
registrant shall not refuse the party to go through the procedure.
Article 19. To authorize the use of a collective mark,
the registrant shall issue the user a Collective Mark Use Permit. To
authorize the use of a certification mark, the registrant shall issue the
user a Certification Mark Use Permit.
Article 20. The registrant of a certification mark
shall not use the certification mark on goods provided by himself or itself.
Article 21. Where the registrant of a collective mark
or a certification mark fails to exercise effective governing of, or control
on, the use of the mark and, as a result, the goods to which the said mark
applies fail to meet the requirements of the regulation governing the use of
the mark, causing damages to consumers, the administrative authority for
industry and commerce shall order him or it to rectify the situation within a
time limit. If the registrant refuses to do so, he or it shall be imposed a
fine of three times of the illicit income, but not exceeding RMB30,000 Yuan;
in the absence of any illicit income, a fine of RMB10,000 Yuan shall be
imposed.
Article 22. Where the provisions of Article 6 of the
Implementing Regulations and Article 14,15,17,18 and 20 of these Measures are
violated, the administrative authority for industry and commerce shall order
him or it to rectify the situation within a time limit. If he or it refuses
to do so, a fine of three times of the illicit income shall be imposed, but
not exceeding RMB30,000 Yuan; in the absence of any illicit income, a fine of
RMB10,000 Yuan shall be imposed.
Article 23. These Measures shall come into force on
June 1, 2003. The Regulation for the Registration and Administration of
Collective Marks and Certification Marks issued by the State Administration
for Industry and Commerce on December 30, 1994 shall be abrogated
simultaneously.
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