Question 1: Can companies and farmers' professional cooperatives be registered as geographical indications and trademarks?
A: No.
Geographical indications belong to regional public resources. The registrant of a geographical indication trademark shall be a local non-profit organization, association or other organization whose business scope is related to geographical indication products, generally a social group legal person or a public institution legal person.
The applicant for geographical indications must be authorized by the people's government at or above the county level or the competent department of industry before applying for registration, supervision and administration of geographical indications.
The specific user of a geographical indication trademark must be the producer or operator of the geographical indication area.
Question 2: I want to apply for the geographical indication trademark of "Gaolaozhuang Watermelon". Gaolaozhuang is a town in our county. Can Gaolaozhuang Municipal Government issue authorization documents?
A: No.
Geographical indications belong to regional public resources, and the applicant shall submit the documents that the people's government at or above the county level or the competent department of industry where the geographical indications are located agrees to apply for registration and supervise and manage the geographical indications. In view of the non-uniform setting of local industry authorities, in order to avoid the instability caused by institutional adjustment and personnel flow, it is suggested that the people's government at or above the county level should authorize the competent authorities in the areas marked by geographical indications.
Question 3: I want to apply for the geographical indication trademark of "Gaolaozhuang Watermelon". When filling out the application for trademark registration, can I fill in "fresh fruit" in the commodity column?
A: No.
Geographical indications have specific attributes and should usually point to specific commodities. Therefore, commodities designated to use geographical indication trademarks generally cannot be expressed as general terms for certain commodities, such as living animals, fresh fruits, traditional Chinese medicine, grains and so on. , such as geographical indication trademarks. The declared cation is "Rizhao green tea" and the designated commodity is "green tea"; The declared geographical indication trademark is "Dongtai Watermelon" and the designated commodity is "Watermelon (Fresh Fruit)".
Because of China's vast territory and rich resources, many products have regional or ethnic characteristics. When these products are registered as geographical indication trademarks, the designated commodity can be a specific single commodity name contained in the trademark or an ordinary single commodity name. For example, the trademark for declaring geographical indications is "Huangmei Picking Flowers". The designated commodity can be "flower picking" or "silk weaving art".
Question 4: We produce selenium-enriched loquat in Hongqi Township. Can I apply for the geographical indication trademark of "Red Flag Selenium-enriched Loquat"?
A: No.
"Selenium" is a kind of trace element beneficial to human body. After research, our bureau decided to preliminarily examine and approve the registration of geographical indication trademarks containing the words "selenium" or "selenium-enriched":
(1) The designated place of origin of the commodity is in the selenium-rich or selenium-rich area of natural soil determined by the state;
(two) the national standards or industry standards have clear provisions on the selenium or selenium-enriched content of designated commodities;
(3) The quality characteristics of the commodities designated for use in the management rules indicate that there are clear indicators of selenium or selenium-enriched content in line with national standards or industry standards, and clearly indicate that the selenium or selenium-enriched content of the designated commodities is absorbed from natural soil during the growth process.
For the geographical indication trademarks containing selenium or selenium that are designated for use in national or industrial standard commodities without selenium or selenium, and those containing selenium or selenium that are designated for use in local or enterprise standards, because the selenium content cannot be unified, geographical indications are maintained to ensure the specific quality of geographical indication commodities.
At present, only "rice" and "tea" have clear industry standards for selenium enrichment. Therefore, "Red Flag Selenium-enriched Loquat" cannot be approved as a geographical indication trademark.
Question 5. Can internal data be used as proof of the objective existence and credibility of geographical indications?
A: No.
Submitting evidence of the objective existence and reputation of geographical indication products is an important basis for the confirmation of geographical indications. Proof materials include publicly published county records, agricultural records, product records, yearbooks, teaching materials, national professional journals, etc. , which can be the original or copy of the cover, copyright page and content page stamped with the official seal of the issuer.
According to the provisions of Article 15 of the Measures for the Administration of Internal Information Publications, internal information is strictly limited to the internal communication of the industry, the system and the unit, so it cannot be used as proof of the objective existence and reputation of geographical indications.
Question 6. "Laiwu County Records" records that "Laiwu County produces all kinds of subtropical fruits, mainly citrus, bayberry and plum". Can it prove the objective existence and reputation of geographical indications of Myrica rubra in Lailai?
A: No.
Geographical indications are objectively formed in history, and their expression form is generally "geographical name+commodity common name". "Laiwu county produces all kinds of subtropical fruits, mainly citrus, bayberry and plum" only shows that bayberry is produced in Laiwu county, but it cannot prove the objective existence and credibility of the geographical indication of "Laiwu bayberry" If the statement in the county annals is that "Lailai Yangmei is well-known in neighboring provinces and counties, and was identified as one of the production base counties of Yangmei in 1950s", it can be used as proof of the objective existence and credibility of geographical indications of Lailai Yangmei.
Question 7. Can the entrusted inspection agreement stipulate that the inspection content is the inspection of the quality of geographical indication products?
A: No.
Geographical indications should have specific qualities, and the detection of geographical indication commodities should be the detection of their specific qualities, not the detection of quality.
The applicant for geographical indications shall be an organization with the ability to supervise and detect the declared geographical indication products. If the applicant has the testing ability, it shall submit the applicant's testing qualification certificate, the list of testing personnel and the list of testing equipment; Do not have the ability to detect, you can entrust a qualified agency to detect the specific quality of the declared geographical indication goods, and they will sign an entrusted detection agreement. The agreement must make it clear that the entrusted inspection content is the specific quality of geographical indication goods. In addition, you should also submit the entrusted inspection qualification certificate, the list of inspection personnel and the list of inspection equipment. All the above materials shall be stamped with the official seal of the issuer.
Question 8. Potatoes in our Oriental Township are very famous. Who should issue the certificate of geographical indication of "Oriental Potato"?
A: The geographical scope of production of geographical indication commodities can be determined by historical materials that prove the objective existence and reputation of geographical indications, or by documents certifying the geographical scope of production issued by the people's governments or industry authorities in the areas marked by geographical indications. Where the origin of geographical indication commodities spans two townships, towns, counties and cities, a certificate shall be issued by the people's government at a higher level or the competent department of industry of the township, town, county and city.
"Oriental Potato" is produced in Dongfang Township, and the proof of its geographical scope can be issued by the People's Government of Dongfang Township or its superior government (the competent department of industry).
Question 3. We applied for geographical indications, and downloaded the use management model rules from the Trademark Office in official website. Article 5 requires that the relationship between geographical indications and the specific natural geographical environment of the place of origin be clearly stated. How should this be expressed in a more standardized way?
A: The second part of Article 5 of the Rules for the Administration of Use should make a detailed analysis of all aspects of the influence of natural factors of origin on the specific quality of geographical indication commodities. We should not just list the natural conditions such as temperature, light, precipitation, soil, rivers, etc. in the place of origin, but make clear the process that specific time and specific environmental factors have a specific impact on the quality of specific products.
Sometimes, we can also describe the influence of human factors of origin on the specific quality of geographical indication goods, including planting area (such as mountain front and direction), selection of planting season, special production buildings (such as flowing into the mill), local unique production technology and so on.
For example, about "Jinxiang Black Garlic": Jinxiang County has a temperate monsoon continental climate, with four distinct seasons, rainy and hot periods, long spring and summer seasons and short autumn and winter seasons. Garlic sown in autumn is usually sown in the first ten days of 10, and the average daily temperature during sowing period should be kept above 16℃. The average daily temperature in Jinxiang 1 early October is 17.6℃, which is beneficial for garlic seedlings to form five leaves and1heart before winter, so that they can overwinter safely. Late March to early April of the following year is the most critical period for garlic growth, which requires high ground temperature, and requires the daily average temperature to be stable above 65438 02℃. The average annual temperature in Jinxiang during this period is 12.3℃, which is very suitable. The middle and late May is the maturity of garlic. Although there is little precipitation in Jinxiang from April to May, Jinxiang County is located in the west of Nansihu Lake, with many rivers and rich weak alkaline groundwater, which ensures the water demand of garlic in the rising and mature period. Moreover, the soil with moderate water content is not only conducive to the growth of garlic, but also conducive to the accumulation of dry matter such as protein and sodium. The local fluvo-aquic soil and paddy soil are breathable and rich in fertilizer and water, which is beneficial to microbial activities and good absorption of garlic fertilizer and water. Jinxiang Black Garlic is made of jinxiang garlic, which is intact, plump, peeled and mildew-free. It is soaked in local weak alkaline water to dry, and then fermented in a closed container with high temperature and humidity of 60-90 degrees Celsius for 40 days.
Another example is about "Yongding Camellia": this area belongs to subtropical maritime monsoon climate, with mild climate, warm in winter and cool in summer, abundant rainfall, typical low-middle hills, dense forest vegetation and high air humidity. The mountains are connected, and the valleys are criss-crossing, which makes the area like a natural basin, which is conducive to the accumulation of water and surface water transpiration by plants into the air, forming fog beads, and strengthening the red and yellow lights in the seven visible lights of red, orange, yellow, green, blue and purple, thus increasing the contents of chlorophyll, tea polyphenols and amino acids in tea, which is an indispensable substance to improve the color and taste of tea. Tea tree root juice contains more organic acids such as citric acid, malic acid, oxalic acid and succinic acid. The juice composed of these organic acids has strong buffering ability to acidity and little buffering ability to alkalinity, so tea trees need acidic soil physiologically. The mountainous soil in this area is mostly acidic yellow loam, which is very suitable for the growth of tea trees. Yongding Camellia comes from local wild tea and has been cultivated artificially for a long time. It is characterized by high content of tea polyphenols, and the content of tea polyphenols in fresh leaves is above 365,438+0%. The production of camellia in Yongding still follows the traditional manual method. When doing green, we use the unique techniques of heavy withering and light shaking, light withering and heavy shaking, more shaking and less doing, light front and heavy, less front and more, short front and long front, and looking at green to do green. This traditional process is superior to other processes in inactivating oxidase activity in fresh tea, second only to green tea frying, which can effectively inhibit the enzymatic oxidation of tea polyphenols in fresh leaves and keep most of them. Unique natural conditions, unique varieties and unique traditional tea-making technology have created the unique quality of Yongding Camellia.
In addition, it should be noted that the origin of each geographical indication has a unique environment, which is conducive to the formation of specific qualities of geographical indications. Therefore, the specific quality of geographical indication products has different relations with natural factors and human factors of origin, and it cannot be copied.
Question 10. Official website, the Trademark Office, provided a model of Rules for the Administration of the Use of Collective/Certification Trademarks for Geographical Indications, in which Article 6 requires that the specific quality of geographical indication commodities be specified. How should this be expressed in a more standardized way?
A: Specific qualities include sensory characteristics, quantitative indicators or special production methods of geographical indication commodities. Sensory features include visual features, such as shape, size, color and texture, as well as sense of smell and taste. Quantitative indicators include the biological characteristics of the family and species, physical characteristics such as weight, density and pH, and chemical characteristics such as moisture, protein, fat and trace elements. The production method includes the description of the processing technology and the quality standard of the final product, such as the feeding process and slaughter method of animal products, the planting process, harvesting method and storage method of plant products, the raw materials, ingredients and production technology of traditional handicrafts, etc. In order to describe the specific quality of geographical indication commodities, we must focus on the commodities designated by geographical indication trademarks, such as "sheep (live animals)" and "mutton", "fresh peppers" and "peppers (condiments)".
For example, when "Jiang 'an Black Goat" is designated for "sheep (living animals)", it is described as follows: the whole body is black, and the capillaries are uniform and short; Medium build, strong physique, symmetrical and compact structure of each part; The horn of the ram is thick, with an angle of 16- 19 cm, and it bends backwards and downwards into a sickle shape with whiskers. The ewe's horn is very small, showing a figure of eight; The head size is moderate, the forehead and buttocks are flat, the nose is slightly raised, and the ears are vertical; Moderate neck length, straight back and waist, deep and wide chest, open ribs, wide recommended parts and full hips; Ram testicles are symmetrical, moderate in size and well developed; The ewe has two nipples, which are spherical without nipples. The average weight of ram is about 3 1.45kg, and the average height is about 67.25 cm (according to the data published in the research report, it is 5-7 cm higher than other similar male goats). The average weight of ewes is about 29.47kg, and the average body height is about 59.7 1cm (according to the data published in the research report, it is 2-4cm higher than other similar ewes).
"Jiang 'an Black Goat" is described in this way when it is designated as a "mutton" commodity: the muscles are shiny, the red is uniform, the fat is white or yellowish, and the color is good; The appearance is slightly dry or slightly wet and does not stick to hands, and it is new and wet but does not stick to hands; The section is dense, and the depression can recover quickly after finger pressing; It has the inherent smell of fresh mutton, and the smell is lighter than others, with no peculiar smell and no peculiar smell. The boiled soup is transparent and clear, with fat caking on the surface and a fragrant smell. The protein content is ≥22.6% (according to the data published in the research report, it is about 0.3% higher than other similar goats and mutton), and the fat content is ≤3% (according to the data published in the research report, it is about 2.5% lower than other similar goats and mutton).
Question 1 1. Articles 14 and 15 of the Model Management Rules for the Use of Collective/Certification Marks of Geographical Indications provided by official website, the Trademark Office, relate to the rights and obligations of licensees of geographical indication marks. How should "other rights" and "other obligations" be expressed?
A: official website, the Trademark Office, has provided a model of Administrative Rules for the Use of Collective/Certification Marks of Geographical Indications. The words "other rights" and "other obligations" are used to remind the registrants of geographical indications that they can set more rights and obligations for the licensed users of geographical indications according to their own management needs. If so, the specific contents of rights and obligations should be clarified; Otherwise, the words "other rights" and "other obligations" should be deleted.
Question 12. I want to apply for the geographical indication certification trademark of "Phoenix Bacon", but after inquiry, the "Phoenix" trademark has been registered on 29 kinds of "Bacon". Can Phoenix Bacon still be registered?
A: Registration cannot be approved.
As a type of trademark, geographical indication trademarks should follow the provisions of Article 30 of the Trademark Law. In the approximate comparison between geographical indication trademarks and ordinary trademarks, if geographical indication trademarks are registered in the back and ordinary trademarks are registered in the front, it should be combined with the popularity, salience and the cognitive degree of the relevant public, which is not easy to cause confusion and misunderstanding among the relevant public, so it is appropriate to approve the registration; If the geographical indication trademark is registered first, and then the ordinary trademark is registered, from the point of view that it is easy for the relevant public to confuse and misunderstand the source of goods or services, and they are improperly attached to the geographical indication trademark, it can be considered that the two constitute similar trademarks, and the ordinary trademark will not be approved for registration.
Question 13. I am a foreign applicant and want to apply for geographical indication registration in China. Do these materials need to be certified?
A: Certification is required.
Authentication refers to the procedure of a country's diplomatic and consular institutions to prove the final signature or seal of a notary public on a notarial document. At present, China has not yet acceded to the Convention on Abolishing the Requirements for Authentication of Foreign Official Documents.
Article 5 of the Regulations on the Implementation of the Trademark Law stipulates that the notarization and authentication procedures of the power of attorney and relevant certification documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.
When a foreign applicant submits an application for registration of a geographical indication trademark in the Trademark Office, it shall certify the relevant materials produced abroad before submitting them. These materials include: the applicant's qualification certificate, the certificate that geographical indications are protected by law in their country of origin, the certificate that the applicant has the right to supervise and manage geographical indications, and the certificate of the applicant's inspection ability.
Question 14. Is there a clear quality standard in the management rules for the use of common collective/certification trademarks?
A: There must be.
Article 10 of the Measures for the Administration of the Registration of Collective Trademarks and Certification Trademarks stipulates that the rules for the administration of the use of collective trademarks shall include the quality of goods using collective trademarks; Article 11 The use and management of certification marks shall include the specific quality of commodities certified by certification marks.
The official website of the Trademark Office provides a model of the rules for the use of collective/certification trademarks. Article 5 of these Detailed Rules stipulates the quality standards of goods or services operated by users of collective trademarks and registered trademarks. The applicant shall specify the quality standard of each commodity or service he declares.
The quality standards of goods or services using collective trademarks stipulated in the Measures for the Administration of Trademark Use may be national standards, industry standards, local standards or standards formulated by themselves.
The quality standards of goods or services using certification marks stipulated in the Administrative Measures for the Use of General Certification Marks shall be higher than the national standards.
Question 15. We have a registered trademark of * * *. Now we will register the registered trademark as a collective trademark. Is it feasible? Do you have any specific requirements?
A: Not feasible.
Collective trademarks of geographical indications, certification trademarks of geographical indications, * * * collective trademarks, * * * certification trademarks and * * * trademarks are all different types of trademarks, and their usage methods, rights and obligations are borne by registrants and users. It's different. Where the registrant of an ordinary trademark can license others to use it according to his own will, the user of a collective trademark can only be a member of a collective organization, and his goods or services shall meet the quality standards stipulated in the trademark use rules. He is a collective trademark. Therefore, even the same applicant cannot register two different types of identical or similar trademarks on the same or similar goods.
If the * * * trademark has been registered, if the trademark is to be registered as a collective trademark, the previously registered * * * trademark must be cancelled.
If you have questions or difficulties in trademark registration, you can consult a trademark agency to handle trademark-related matters!