, brief description
certification mark refers to certain goods or services controlled with supervisory capacity, and from outside the organization or individual use in its product or service, to prove the origin of the goods or services, raw material, method of manufacture, quality or other specific quality logo. Certification marks shall be supervised by a registered and used by people other than their registered person cannot be used. It was to prove itself from a country of origin of goods or services, or have a particular quality logo. As long as the parties providing goods or services in accordance with the specific qualities and with the registrant's compliance procedures, you can use the certification mark, a registered person shall not refuse. Certification marks are trademarks used by multiple individuals, their registration, use and management need to develop unified management rules and bring them to light, community monitoring, to protect goods or services of a specific quality, safeguard the interests of consumers.
collective mark refers to groups, associations or other organizations registered in the name of, for use in commercial activities of the Organization members to indicate that users sign of membership in the organization. Collective marks are not trademarks of individual companies, but the trademark of an organization consisting of multiple companies. Collective marks can be used to trade, you can also use the service. Collective marks are used by members of the Organization, is not a member of the Organization cannot be used, may not be transferred. In order to meet the collective trademark "shared" and "sharing" features, registration, use and management of it should be developing uniform rules and to light, made by the group under the supervision of members of the public to follow.
certification marks and collective marks is valid for 10 years, since the date on which the registration the exclusive right.
, handling the second way
registered certification mark or collective mark has two pathways:
(a) the registered delegate at the Trademark Office's trademark Agency.
(b) the applicant directly to the Trademark Office's trademark registration Hall for (national independent innovation demonstration zone in Zhongguancun applicants to the trademark Bureau Office of national independent innovation demonstration zone in Zhongguancun, Office address is: Temple, 9th, Haidian District, Beijing Municipal Administration for industry and Commerce Bureau Haidian branch administrative offices on the second floor lobby).
, handling three steps
(a) entrusts a trademark agency certification mark or collective mark application for registration, the applicant may choose any of the Trademark Office filing a trademark Agency. All trademark office registered trademark agents are posted on the "agency" field.
(ii) applicants directly to trademark Council of trademark registered Hall to handle proved trademark or collective trademark registered application of, applicants can according to following steps handle:
application Qian query (non-must program) → prepared applications pieces → in trademark registered Hall accepted window submitted applications pieces → in playing code window confirmed submitted registered application → in pay window paid trademark registered rules fee → Collect fee receipt
(the applicant upon receipt of submitted application for trademark registration has been completed. The Trademark Office will release the documents by mail to the applicant, notification of acceptance of an application for registration of marks about 3 months can receive. Trademark registration trademark registration proceedings refer to the flowchart, the applicant received after receiving notice of trademark registration certificate, trademark registration Hall to receive the certificate of trademark registration)
four, prior to the application of the query (unnecessary procedures)
a certification mark or collective marks from application to registration for at least 6 months. If the application was dismissed, loss of trademark registration fees on the one hand, on the other hand be registered again will take time, and apply again for registration can be approved is still unknown. Therefore, the applicant applied for trademark queries before registering the best, in order to confirm the existence of prior trademark rights. Principal-agency application for registration of a trademark, the trademark agency queries. (See the "trademark registration before the query")
, the application form for the preparation of five
(a) certification marks need to submit the application form for the
1, stamped with the seal of the applicant's application for trademark registration.
2, evidence of qualification certificate for trade mark applicants and copy of, or stamped with the seal of the applicant a certified copy of the, and details should be provided with or its authorized institution has the professional and technical personnel, test equipment, and so on, evidenced by the certification mark to indicate that it is monitoring the quality of specific goods.
3, use and administration of certification trade marks rules.
4, trademark pattern 6 (application for a photo on the back, and 5), requires clear drawings, specifications for length and width not less than 5 cm is not greater than 10 cm. If the specified color, 1 paste coloring drawings, coloring drawings of 5, 1 black and white drawings.
5, directly to the registration Hall for an application for registration of a trademark shall be submitted to the agent's ID card and a copy of (original by than back); a delegate Agency to carry out the registration of a trademark shall be submitted to the power of Attorney for trademark.
6, if it is a registered certification mark is portrait, should provide a notarized copy of portrait portrait people agree with this statement registered as trademarks.
(b) a collective mark application form to be submitted as
1, stamped with the seal of the applicant of a copy of the application for trademark registration.
2, a collective trade mark applicants qualifications and copies of supporting documents, or stamped with the seal of the applicant a certified copy of the.
3, rules of use and administration of collective marks.
4, list of collective members.
5, trademark pattern 6 (application for a photo on the back, and 5), requires clear drawings, specifications for length and width not less than 5 cm is not greater than 10 cm. If the specified color, 1 paste coloring drawings, coloring drawings of 5, 1 black and white drawings.
6, directly to trademark registration applications of Hall, copies of ID card and shall be submitted to the person in charge; a delegate Agency to carry out the registration of a trademark shall be submitted to the power of Attorney for trademark.
7, such as the application for registration of a collective trademark is a portrait, should provide a notarized portrait portrait of people agree with this statement file registered as trademarks.
(c) the application for registration of geographical indications as collective trademarks and certification trademarks, in addition to submit a trademark application for registration, applicants, proof of qualification or stamped with the seal of the applicant a certified copy of the management rules, trademark use, trademarks, drawings and other documents, but should also submit the following documents:
1, Geographical indications is marked by areas of Government or competent authority authorizing the applicant to apply for registration and supervision of the management of the files of geographical indications.
2, the geographical indications of the goods of a specific quality, reputation or other characteristics of areas marked with the geographical indication geographical environment or human factors description.
3, geographical indication products objective and credibility of evidence (including County, agriculture, product etc) and stamp certifying materials Division of the seal.
4, denoted by the geographical indications geographical range of related documents and materials. Related documents include: Journal of the County, agriculture, products expressed in geographical scope or geographical scope of documents issued by the competent authorities above the provincial.
5, applicants have the supervision and inspection of geographical indications geographical indications in the documents. With inspection capability of the applicant, submitted to the list of testing equipment and test lists, and stamped with the official seal of the applicant. Applicant entrust inspection, shall be attached to the applicant with the inspection qualification bodies entrusted inspection of the original contract signed, and submitted to the inspection agencies qualification certificate copy and test equipment inventories, lists of inspectors and affix its official seal.
6, foreigners or foreign enterprises applying for registration of collective trademarks and certification trademarks geographical indications, the geographical indication should be provided on its behalf in the proof of origin is protected by law.
(d) specific requirements about the book
1, under section 15th of the regulations for the implementation of the trademark law, trademark registration and other relevant documents shall be typewritten or printed. For hand-written application for certification marks and collective marks, the Trademark Office was inadmissible.
2, when completing the registration form, the name and seal of the applicant should be fully consistent with the approved for registration or registered name. Goods or services shall be in accordance with the similar goods and services fill out the canonical name of the discrimination, an application can fill in only one class of goods or services. Goods or services not included in similar goods and services discrimination shall be attached to the appropriate description.
3, if the application for registration of the certification mark is, in the application for registration of the trademark "trademark type" column, indicate whether it is a certification mark if applying for registration of collective trademarks, trademark registration applications should be "trademark type" column, indicate whether it is a collective mark.
4, showing the applicant proof of qualification can be the enterprise's business license, or public institutions, mass organizations and approved by the registration and establishment of files. Collective trademark registration, and should be an organization, either industrial or commercial groups, or associations, industry, or other collective organizations, rather than to a single enterprise or individual operators.
5, use and administration of certification trade marks rules should include the following elements: purpose, meaning or purpose of use of certification marks; the certification mark to prove the specific quality of the commodities; the conditions for use of the trademark; use of trade mark rights, obligations and liability for breach of rules shall be liable; persons registered for use of the certification mark for commodity inspection and supervision system.
6, and collective trademark using management rules should including following content: using collective trademark of purposes; using collective trademark of collective members of name, and address, and statutory representative people,; collective trademark specified using of commodity of quality; using collective trademark of procedures; collective members of right, and obligations and violation rules should bear of responsibility; registered people on using the collective trademark commodity of test supervision system.
7, all applications shall be in Chinese. China applied for territorial extension of certification marks or collective marks shall be delivered in Chinese texts such as application form for the use of Chinese text, should attach Chinese versions, the Chinese version shall prevail.
, registration fees six
a certification mark or collective marks in a category on application for registration as a registered application. In a category, regardless of the specified number of goods or services, registration fee is 3000 Yuan per piece.
entrusts a trademark agency certification mark or collective mark application for registration, the Trademark Office deducted from the advances of the trademark agency charges.
seven, correction procedures (non-essential programs)
(a) a brief description of
directly to the registration Hall for an application for registration of a trademark, such as the application procedures application for complete or basic compliance, but need corrections, the trademark Bureau shall notify the applicant be corrected. Applicants should be the date of receipt of the notification in the 30th, according to the corrections after the trademark Bureau. No corrections or time correction, the date of application will not be retained.
delegate Agency to carry out the registration of a trademark, such as the application procedures application for complete or basic compliance, but needed correction, notify the trademark Agency shall be supplemented by the Trademark Office. Trademark Agency shall be from the date of receipt of the notification in the 30th, after specifying content corrections back to PTO. Expiration of the correction is not made, the application is deemed abandoned.
(b) considerations for
1, the applicant in accordance with the requirements of standard or specific goods or services when corrections are made, you can amend or delete. Amendments should be in accordance with the similar goods and services discrimination of complete specification of name or supplement those specified by the Trademark Office, but not expand the scope of goods or services.
2, sake of trademark pattern corrections from, only in accordance with the applicant's trademark pattern made clear, not any substantial modification of the trademark pattern.
3, make correction in accordance with the requirements of the applicant in the original application form for the written modifications should be stamped with the seal of the applicant in the margins, or by modifying the signature. If the trademark Agency to carry out any of the trademark registration application shall be stamped with the trademark agency seal.
1, the applicant in completing the application for trademark registration book shall be in accordance with the license address. After you submit your application, if corrected, reversed or partially rejected, preliminary approval notice, received the certificate of trademark registration and other matters, the Trademark Office will be based on the address delivered to the applicant by registered mail. If the applicant does not match the actual address and license address, we need to address change for business license and submit an application. Submit application for trademark registration occurs after the change of address, can change the license and the corresponding procedures for change of address application.
2, trademark applications, reviews have concluded that procedures in place, fill in the form code, generally around three months by sending by registered mail to the applicant the notification of acceptance. If it is a delegate Agency to carry out the registration of a trademark, the Trademark Office is the notification of acceptance mailed the trademark Agency. The notification of acceptance only show that the trademark registration has been accepted by the Trademark Office, does not mean that the application has been approved.
3, certification trade mark or registered Community trademark application was rejected, if not satisfied with the decision, the applicant can be rejected by the receiving date of the notification in the 15th to the State administration for industry and Commerce trademark review and adjudication Board applied for a review.
4, applications for the registration of certification mark or collective mark be challenged, if the applicant is not satisfied with the adjudication by the Trademark Office, 15th days after receipt of the objection thereof to the State administration for industry and commerce within the trademark review and adjudication Board applied for a review.
5, and proved trademark or collective trademark was approved registered Hou, if is directly in trademark registered Hall handle of registered application, trademark Council will according to trademark registered applications Shang fill in of applicants name and applicants address sent out received trademark registered card notice; if is delegate trademark agent institutions handle of registered application, trademark Council will trademark registered card mailing to the trademark agent institutions.
6, certification marks and collective marks applications but have not been approved before registration for unregistered trademarks, still be subject to unregistered trademarks used. If the use of the trade mark infringement of trademark rights, does not affect the behavior of relevant administrative organs for industry and Commerce of the investigation.
7, registered certification mark or collective mark should continue to use after the expiry of the registration shall apply for renewal of the registration within 6 months before the expiration. During this period failed to apply for renewal of the registered person, can be made within the grace period of 6 months after the expiry, but shall pay a fee for renewal of registration delays. Spread upon the expiration of the renewal application had been submitted, cancellation of the trademark by the Trademark Office, if the original registrant wanted to continue to have the right to exclusive use of trademarks, new registration shall be applied for.