A Brief Introduction to China's Collective Trademark Application and ...

(By Luo Yanjie) A recent report said that the National Tourism Resort Brand Association for the well-known tourist attraction, Dian Lake in Kunming, received approval for a ?D? type trademark certificate from the State Trademark Office?Yunnan Province?s first collective trademark. The above report shows that the collective trademark is of great value, but currently very few have been registered. What then are the features of the application and registration for collective trademarks compared with the normal ones? And, what factors should be noted for their use? In today?s post, we would like to share China?s collective trademark system with the reader.

I. What is the collective trademark?

A collective trademark refers to a mark applied to in the name of a group, association, or other organization, which is to be used in commercial activities by the members to indicate that they meet the qualification of the organization. The collective trademark is not applied for by a company, but rather a mark applied for by an organization composed of several companies. In some countries, the trademark can be registered by an association of companies acting as an application representative. Sometimes the authority administrating the companies can also make the application. The main function of the collective trademark is to show that the companies using the trademark share common characteristics, explain that they are from the same association, or indicate that the product or service quality meets a unified standard.

II. How to apply for a collective trademark?

Like normal trademarks, applications for collective trademarks are also received and evaluated by the State Trademark Office. Compared to normal applications, however, the following issues must be noted:

1. Applicant

As discussed above, the collective trademark is applied for in the name of a group, association, or other organization. For this reason, the collective trademark?s applicant must be an organization, which can include either commercial or industrial groups. Moreover, it could be an association, industry society, or other collective unit but not a single company or individual business operator.

2. Application materials

Unlike the normal trademark, the collective trademark application requires an examination of whether or not the applicant meets the application requirements. Therefore, additional corresponding materials must be submitted, of which the following documents should be introduced:

(1) Submissions of the management rules or regulations

The Management Rules for Collective Trademark Use (?Rules?) are the rules to be followed by the organization members in the use of the collective trademark, and the Trademark Office must examine whether or not their contents are legal and complete. According to the application manual released on the Trademark Office?s website, the Rules shall include the purpose of the collective trademark use; the name, address, and legal representative of the members of the organization; the quality of the designated product covered by the collective trademark; the process of collective trademark use; rights, obligations, and liabilities for member violation of policy; and the inspection supervision system maintained by the applicant for use of the collective trademark.

(2) The documents for a geographical indicator to be used as a collective trademark

When a geographical indicator is used for the collective trademark, the applicant must also provide the documents showing approval for the geographical indicator granted by the local government or industry authority for the trademark application; the specification of the quality of the product under the geographical indicator, the reputation or other features indicated by the geographical indicator, and other specifications of geographical atmosphere and humanitarian elements of the area covered by the geographical indicator; and objective proof of the existence of the product under the geographical indicator product and its reputation.

III. The collective trademark use method

As to the method of use of the collective trademark, there are many differences compared to normal trademarks, the main difference being:

1. It can only be used by members of the organization

As noted above, the collective trademark belongs to the organization, and for this reason, only the members within the organization have the right to use the trademark. This also means that non-members cannot use the collective trademark.

2. The rights owner must issue the users use certificates

According to the Regulations for Application and Management of Collective and Certified Trademarks (?Regulations?), when using the collective trademark, the applicant shall issue the users a collective trademark use certificate as proof of the right to use the trademark.

3. The rights owner has an obligation to supervise the users? compliance with the quality standards

The organization applying the collective trademark has the right and the obligation to supervise whether or not the users? sale of products and services meet the quality requirements mandated by the Rules. Also, as demanded by the Regulations, when the applicant fails to effectively control and manage the collective trademark, causing the products or services to not meet the requirements of the use management rules and thus damage consumers, the administration may issue a fine. Additionally, by Article 45 of the Trademark Law, the Trademark Office may revoke the trademark right.

4. Use of the collective trademark must obey the Trademark Law and other related laws and regulations

The collective trademark is also a kind of registered trademark; therefore, its use must obey the laws governing normal trademarks, such as not altering or modifying the trademark, or using the trademark to indicate that an inferior quality product is a superior one.

Lawyer Contacts

You Yunting?86-21-52134918? youyunting@debund.com/yytbest@gmail.com

Disclaimer of Bridge IP Law Commentary

Source: http://www.chinaiplawyer.com/introduction-chinas-collective-trademark-application-system/?utm_source=rss&utm_medium=rss&utm_campaign=introduction-chinas-collective-trademark-application-system

nick santino bruce arians the misfits hook troy miracle andy whitfield