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Measures for the registration and administration of collective trademarks and certification marks

Release Time：

2019-07-30

Order of the State Administration for Industry and Commerce of the People's Republic of China

(No. 6)

The Measures for the Registration and Administration of Collective Trademarks and Certification Marks have been deliberated and adopted by the Executive Meeting of the State Administration for Industry and Commerce of the People's Republic of China, and are hereby promulgated and shall come into force as of June 1, 2003.

Article 1 These Measures are formulated in accordance with the provisions of Article 3 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law).

Article 2 The registration and administration of collective trademarks and certification marks shall be conducted in accordance with 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 the relevant provisions of these Measures.

Article 3 The provisions of these Measures concerning commodities shall apply to services.

Article 4 An application for the registration of a collective trademark shall be accompanied by the qualification certificate of the subject and shall specify the names and addresses of the members of the collective organization. Where a geographical indication is applied for registration as a collective trademark, the subject's qualification certificate shall be attached and a detailed description shall be made of the professional and technical personnel and professional testing equipment that it has or that its entrusted agency has, so as to show that it has the ability to supervise the use of the specific quality of the goods with the geographical indication.

A body, association or other organization applying for the registration of a geographical indication as a collective trademark shall be composed of members from the region indicated in the geographical indication.

Article 5 Where an applicant applies for the registration of a certification mark, it shall attach the qualification certification documents of the subject and shall specify in detail the professional and technical personnel and professional testing equipment it has or the institution it entrusts, so as to show that it has the ability to supervise the quality of the specific goods proved by the certification mark.

Article 6 An application for the registration of a geographical indication as a collective trademark or certification mark shall also be accompanied by a document of approval from the people's government or the competent department of the industry that has jurisdiction over the area indicated by the geographical indication.

Where a foreigner or foreign enterprise applies for the registration of a geographical indication as a collective trademark or certification mark, the applicant shall provide proof that the geographical indication is legally protected in its name in the country of origin.

Article 7 Where a geographical indication is used as a collective trademark or certification mark for registration, the following contents shall be stated in the application form:

(1) the specific quality, reputation or other characteristics of the goods indicated in the geographical indication;

(2) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area indicated by the geographical indication;

(3) the extent of the area indicated by the geographical indication.

Article 8 A geographical indication applied for registration as a collective trademark or certification mark may be the name of the region indicated by the geographical indication, or other visible signs that can indicate the origin of a commodity from that region.

The region mentioned in the preceding paragraph need not be completely consistent with the name and scope of the current administrative division of the region.

Article 9 Where multiple geographical indications for wine constitute homonyms or homomorphic characters, each geographical indication may be applied for registration 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 governing the use of collective trademarks shall include:

(1) the purpose of using the collective trademark;

(2) the quality of the goods on which the collective trademark is used;

(3) the procedures for using the collective trademark;

(4) the rights and obligations to use the collective trademark;

(5) the member's responsibility for violating the rules governing its use;

(6) the system of inspection and supervision of the registrant on the goods using the collective trademark.

Article 11 The rules governing the use of certification marks shall include:

(1) The purpose of using the certification mark;

(2) The specific quality of the goods that the certification mark certifies;

(3) The conditions for using the certification mark;

(4) The procedures for using the certification mark;

(5) The rights and obligations of using the certification mark;

(6) The liability of the user for violating the use management rules;

(7) The system of inspection and supervision of the registrant on the commodities for which the certification mark is used.

Article 12 A geographical indication indicating a wine or spirits registered as a collective trademark or certification mark by another person is not a wine or spirits from the region indicated in the geographical indication, even if the real origin of the goods is also indicated, or a translation is used. Or accompanied by expressions such as "kind", "type", "type", "class", etc., the provisions of Article 16 of the Trademark Law shall apply.

Article 13 The content of the announcement of preliminary examination and approval of a collective trademark or certification trademark shall include the full text or summary of the rules governing the use of the trademark.

Any amendment to the rules governing the use of collective trademarks and certification trademarks by the registrant shall be submitted to the Trademark Office for examination and approval and shall take effect as of the date of announcement.

Article 14 Where the membership of a collective trademark registrant changes, the registrant shall apply to the Trademark Office for the alteration of the registered items, and the Trademark Office shall publish the alteration.

Article 15 Where a trademark registrant certifies that he permits another person to use his trademark, the registrant shall, within one year, file a record with the Trademark Office, and the Trademark Office shall make a public announcement.

Article 16 Where an application is made for the assignment of a collective trademark or certification trademark, the assignee shall have the corresponding subject qualifications and comply with the provisions of the Trademark Law, the Implementing Regulations and these Measures.

Where a collective trademark or certification trademark is transferred, the successor of the right shall have the corresponding subject qualification and comply with the provisions of the Trademark Law, the Implementing Regulations and these Measures.

Article 17 Members of a collective trademark registrant may use the collective trademark after fulfilling the procedures prescribed by the rules governing the use of the collective trademark.

A collective trademark may not be licensed for use by non-members of the collective.

Article 18 Any person who meets the conditions stipulated in the Rules for the administration of the use of certification marks may use the certification marks after performing the procedures stipulated in the Rules for the administration of the use of certification marks, and the registrant may not refuse to go through the procedures.

The legitimate use of the geographical indication in paragraph 2 of Article 6 of the Implementing Regulations refers to the legitimate use of the geographical name in the geographical indication.

Article 19 Where a collective trademark is used, the registrant shall issue a Certificate for the Use of a Collective Trademark to the user. Where a certification trademark is used, the registrant shall issue the Certificate of Use of the Certification Trademark to the user.

Article 20 The registrant of a certification mark may not use the certification mark on the goods it provides.

Article 21 Where the registrant of a collective trademark or a certification trademark fails to exercise effective management or control over the use of the trademark, so that the goods used under the trademark fail to meet the requirements of the rules governing the use of the trademark, thereby causing damage to consumers, the administrative department for industry and commerce shall order rectification within a prescribed time limit; Those who refuse to make corrections shall be fined not more than three times their illegal earnings, but not more than 30,000 yuan at the maximum; If there are no illegal gains, a fine of not more than 10,000 yuan shall be imposed.

Article 22 Those who violate the provisions of Article 6 of the implementing Regulations, Article 14, 15, 17, 18 and 20 of these Measures shall be ordered by the administrative department for industry and commerce to make corrections within a time limit; Those who refuse to make corrections shall be fined not more than three times their illegal earnings, but not more than 30,000 yuan at the maximum; If there are no illegal gains, a fine of not more than 10,000 yuan shall be imposed.

Article 23 These Measures shall come into force as of June 1, 2003. The Measures for the Registration and Administration of Collective Trademarks and Certification Marks promulgated by the State Administration for Industry and Commerce on December 30, 1994 shall be repealed simultaneously.

Relevant Content

The National Intellectual Property Office's announcement on revising the "Measures for the Protection of Foreign Geographical Mark Products" (No. 338)

2020-06-03

Announcement on the Promulgation of the Administrative Measures for the Use of Special Geographical Indications (Trial Implementation) (No. 354)

2020-04-07

Provisions on the protection of geographical indication products

2019-07-31

Product Quality Law of the People's Republic of China

2019-07-31

Standardization Law of the People's Republic of China

2019-07-29

Trademark Law of the People's Republic of China (Amended in 2019)