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Procedures on Registration and Administration of Collective and Certification Trademarks 2003-04-17

(Promulgated by the State Administration for Industry and Commerce on 17 April 2003 and effective as of 1 June 2003.)

Article 1 These Procedures are formulated in accordance with Article 3 of the PRC, Trademark Law (the Trademark Law)。

Article 2 The registration and administration of collective and certification trademarks shall be carried out in accordance with the relevant provisions of the Trademark Law, the PRC, Trademark Law Implementing Rules (the Implementing Rules) and these Procedures.

Article 3 The provisions concerning commodities hereof shall apply to services.

Article 4 When applying for registration of a collective trademark, an applicant shall submit documents supporting his qualifications and state in detail the names and addresses of the members of the collective organization. When applying for registration of a geographical indication as a collective trademark, an applicant shall submit documents supporting his qualifications and state in detail the particulars of its professional technicians and professional inspection and testing equipment or those of the professional technicians and professional inspection and testing equipment of its entrusted organization, in order to show that it has the capability to monitor the special quality of the commodity with the geographical indication.

Groups, associations or other organizations that apply for registration of a geographical indication as a collective trademark shall be composed of members from within the region indicated by the geographical indication.

Article 5 When applying for registration of a certification trademark, an applicant shall submit documents supporting his qualifications and state in detail the particulars of its professional technicians and professional inspection and testing equipment or those of the professional technicians and professional inspection and testing equipment of its entrusted organization, in order to show that it has the capability to monitor the special commodity quality certified by the trademark.

Article 6 When applying for registration of a geographical indication as a collective or certification trademark, an applicant shall also submit the approval documents of the people’s government or the department in charge of the industry that has jurisdiction over the region indicated by the geographical indication.

Where a foreigner or foreign enterprise applies for registration of a geographical indication as a collective or certification trademark, the applicant shall provide proof that such a geographical indication is protected by the law of his/its own country under his/its name.

Article 7 When applying for registration of a geographical indication as a collective or certification trademark, the following details shall be stated in the application:
1. the special quality, reputation or other characteristics of the commodity branded with the geographical indication;
2. the relation between the natural and cultural factors of the region indicated by the geographical indication and the special quality, reputation or other characteristics of the commodity; and
3. the scope of the region indicated by the geographical indication.

Article 8 Geographical indications to be registered as a collective or certification trademark may be the name of the region indicated by the geographical indication, or other visible marks that can identify the product as originating from that region.

For the purposes of the preceding paragraph, the term “region” does not need to be completely consistent with the name and scope of the administrative district of that region.

Article 9 Where more than one geographical indication of grape wines has a character with the same pronunciation or of the same shape, each geographical indication may be the subject of applications for registration as a collective or certification trademark provided that the geographical indications can be differentiated from one another and that they do not mislead the public.

Article 10 The rules for administration of the use of a collective trademark shall include:
1. the principles for the use of the collective trademark;
2. the quality of the commodity for which the collective trademark is used;
3. the procedures for the use of the collective trademark;
4. the rights and obligations in connection with the use of the collective trademark;
5. the liability of a member for violating the rules for the administration of use; and
6. the inspection and supervisory system of the registrant for the commodity for which the collective trademark is used.

Article 11 The rules for administration of the use of a certification trademark shall include:
1. the principles for the use of the certification trademark;
2. the special quality of the commodity certified by the certification trademark;
3. the conditions for the use of the certification trademark;
4. the procedures for the use of the certification trademark;
5. the rights and obligations in connection with the use of the certification trademark;
6. the liability of a user for violating the rules for the administration of use; and
7. the inspection and supervisory system of the registrant for the commodity for which the certification trademark is used.

Article 12 Article 16 of the Trademark Law shall apply to the use of a geographical indication for grape wines or spirits that has been registered as a collective or certification trademark by others for grape wines or spirits, which do not originate from the region indicated by the indication, even though the true place of origin of the commodity is indicated; or which uses translated texts, or which is accompanied by descriptors such as certain “kind”, certain “model”, certain “form” or certain “type”。

Article 13 The gazette on the preliminary approval of a collective or certification trademark shall include the full text or the summary of the rules for administration of the use of the trademark.

Any changes to the rules for the administration of use by the registrant of the collective or certification trademark shall be submitted to the Trademark Office for examination and approval, and shall be implemented as of the date of gazetting.

Article 14 In case of a change to the members of the registrant of a collective trademark, the registrant shall apply to the Trademark Office for amendment of registration, and the matter shall be gazetted by the Trademark Office.

Article 15 Where the registrant of a certification trademark permits a third party to use his trademark, the registrant shall report to the Trademark Office for record filing within one year, and the matter shall be gazetted by the Trademark Office.

Article 16 When applying for an assignment of a collective or certification trademark, the assignee shall possess the corresponding qualifications of the subject, and shall comply with the provisions of the Trademark Law, the Implementing Rules and these Procedures.

In case of a transfer of a collective or certification trademark, the successor to the rights shall possess the corresponding qualifications of the subject, and shall comply with the provisions of the Trademark Law, the Implementing Rules and these Procedures.

Article 17 The collective members of the registrant of a collective trademark may use the collective trademark upon carrying out the procedures stipulated in the rules for administration of the use of the collective trademark.

Collective trademarks may not be used by non-collective members.

Article 18 Parties that meet the requirements specified in the rules for administration of the use of a certification trademark may use such trademark upon carrying out the procedures specified in the rules for administration of the use of the certification trademark, and the registrant may not refuse to carry out the procedures.

The phrase “legitimate use of a geographical indication” in Paragraph Two, Article 6 of the Implementing Rules shall refer to the legitimate use of the place name in the geographical indication.

Article 19 In cases where a collective trademark is used, the registrant shall issue the user with a Permit for Use of Collective Trademark. In cases where a certification trademark is used, the registrant shall issue the user with a Permit for Use of Certification Trademark.

Article 20 The registrant of a certification trademark may not use such trademark in the commodities provided by himself.

Article 21 Where a registrant of a collective or certification trademark fails to exercise effective administration and control over the use of the trademark so that damages are caused to consumers as a result of the failure of the commodity that uses the trademark to meet the requirements specified in the rules for administration of its use, the administration for industry and commerce shall order him to rectify the matters within a specified time period. If he refuses to do so, he shall be subjected to a fine of not more than three times the illegal income, which may not exceed Rmb 30,000. Where there is no illegal income, a fine of not more than Rmb 10,000 shall be imposed.

Article 22 If anyone violates Article 6 of the Implementing Rules or Article 14, 15, 17, 18 or 20 hereof, the administration for industry and commerce shall order him to rectify the matters within a specified time period. If he refuses to do so, he shall be subjected to a fine of not more than three times the illegal income, which may not exceed Rmb 30,000. Where there is no illegal income, a fine of not more than Rmb 10,000 shall be imposed.

Article 23 These Procedures shall be effective as of 1 June 2003. The Registration and Administration of Collective and Certification Trademarks Procedures promulgated by the State Administration for Industry and Commerce on 30 December 1994 shall be repealed simultaneously.