CNIPA's answers on collective and geographical indication marks

A collective mark is a sign registered in the name of a group, association or other organization, for use by its members in commercial activities, to show the user's membership. The applicant must be a collective organization such as a group or association.

A single enterprise or individual operator cannot be an applicant for a collective mark.

A group company is not a collective organization and does not meet the requirements.

In addition, under the Law on Farmers' Specialized Cooperatives, such a cooperative is a mutual-aid economic organization, voluntarily formed and democratically managed, of producers and operators of farm products or providers and users of agricultural services, on the basis of rural household contracting. It is an "other organization" under Article 3(2) of the Trademark Law and can apply for a collective mark, other than a geographical indication.

You can choose according to your needs.

Either enterprises or individuals.

1. It is best not to confuse it with a geographical indication. 2. There is no restriction. 3. They should be members of the collective organization.

Geographical indication collective marks, geographical indication certification marks, ordinary collective marks, ordinary certification marks and ordinary marks are different types, with different manners of use and different rights and duties for owners and users. An ordinary mark's owner may license anyone at will, whereas users of a collective mark can only be members of the organization, and their goods or services must meet the quality standards in the rules of use. So even the same applicant may not register two different types of identical or similar marks on identical or similar goods. An owner of an ordinary mark who wants to register the sign as a collective mark must cancel the ordinary mark.

It must apply again.

The cancellation and the application can be filed at the same time.

A geographical indication is filed in the form of a collective mark or a certification mark. The same mark cannot be both.

A geographical indication is a regional public resource. The owner must be a local non-profit group, association or other organization, generally a social organization or public institution legal person, whose scope relates to the product it supervises. The applicant must be authorized by the people's government at or above county level in the indicated area, or by the competent industry department, to register and supervise the indication. The actual users must be producers and operators from the indicated area.

Yes.

Yes.

Yes.

No. Under Article 3(2) of the Trademark Law, a collective mark is registered in the name of a group, association or other organization for use by its members in commercial activities, to show the user's membership. The applicant must be a collective organization such as a group or association.

i. Assigning a collective mark requires an assignment contract, a list of members, a copy of the assignee's proof of status, and the rules of use.

ii. Assigning a certification mark requires an assignment contract, a copy of the assignee's proof of status, proof of the assignee's testing capability, and the rules of use.

iii. Assigning a geographical indication collective or certification mark requires an assignment contract, a copy of the assignee's proof of status, the local government's or competent department's approval of the assignment, proof of the assignee's supervision and testing capability, and the rules of use.