1. Under what circumstances is it allowed to register a geographical indication as a certification mark?
1. If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request to use the certification mark, and the organization that controls the certification mark shall allow it.
2. Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Fourth Geographical indications stipulated in Article 16 of the Trademark Law may apply for registration as certification marks or collective marks in accordance with the provisions of the Trademark Law and these Regulations.
If a geographical indication is registered as a certification mark, a natural person, legal person or other organization whose goods meet the conditions for using the geographical indication may request the use of the certification mark and control the registration mark. Certification marks should be allowed by the organization. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; any group, association or other organization that is not required to join a group, association or other organization that registers the geographical indication as a collective trademark may also legitimately use the geographical indication, and the group, association or other organization has no right to prohibit it.
2. What are the characteristics of geographical indications
1. Regionality
Intellectual property rights are regional and are only protected within a certain range. However, the geographical reasons for geographical indications are even stronger, because not only are geographical indications subject to regional restrictions for national protection, but their owners are also subject to geographical restrictions. Only producers from the source of the goods can use the geographical indications.management logo.
2. Group nature
Geographical indications can be jointly owned by enterprises and individuals in the place where the goods originate. As long as the goods produced reach the quality of the product represented by the geographical indication, there will be more than one person using the same geographical indication in the same area, making the owner of the geographical indication a group.
3. Uniqueness
Geographical indication, as a kind of mark, is related to a certain geographical area. The main function of contact is to enable consumers to distinguish between goods from a certain region and the same kind of goods from other regions, and compare and select them to find the best match between the value and use value of the goods. Buy the products you want.
4. Main factors
Natural factors and human factors are the main factors affecting geographical indications . Among them, natural factors refer to the climate, soil, water quality, natural species, etc. of the place of origin; human factors refer to the unique product production technology, processes, formulas, etc. of the place of origin.
According to the provisions of the "Regulations for the Implementation of the Trademark Law", if a geographical indication is registered as a certification mark, the natural person, legal person or other person whose goods meet the conditions for the use of the geographical indication An organization may request the use of the certification mark and the organization controlling the certification mark shall allow it. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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