# CNIPA's answers on collective and geographical indication marks

CNIPA's published replies from 2019 to 2022 on who can apply for collective and geographical indication marks, members and users, holding an ordinary mark as well, and assignment.

Canonical URL: https://ginbing.com/docs/china-trademark/cnipa-answers-collective-and-geographical
Markdown URL: https://ginbing.com/docs/china-trademark/cnipa-answers-collective-and-geographical/index.md

## TLDR

CNIPA's published replies from 2019 to 2022 on who can apply for collective and geographical indication marks, members and users, holding an ordinary mark as well, and assignment.

## Guide

Replies CNIPA published from 2019 to 2022 to questions about collective, certification and geographical indication marks, translated by Ginbing. Each reply links to its Chinese original on CNIPA's website.

## About these replies

- **Official source.** [Trademark registration questions](https://www.cnipa.gov.cn/jact/front/mailpublist.do?sysid=13), the public column where CNIPA answers trademark questions. Each reply links to its official page.
- **Issued by.** CNIPA
- **CNIPA's dates.** Each reply shows the date CNIPA answered. All of them date from 2019 to 2022.
- **Checked against the official page.** November 6, 2026

> These are replies to individual questions. They are not rulings, and CNIPA decides each case on its own facts. The translations are Ginbing's own, not official, and Ginbing is not part of CNIPA. Only the Chinese text is official. Each heading is Ginbing's short summary of the point the reply answers; the asker's own words, which may cover other points, are on the official page. Greetings and contact details are left out, and long replies are shortened to the parts that answer the question.

> **Warning:** These replies are older than those on CNIPA's other answer pages, and each states the position on its date. Where a [later reply](/docs/china-trademark/cnipa-answers-marks-and-use) or CNIPA's current guide differs, rely on the later source. They were written under the 2019 Trademark Law, and the [revised law](/docs/china-trademark/laws/trademark-law/2026) takes effect on January 1, 2027, with [some changed rules and article numbers](/docs/china-trademark/2027-trademark-law-changes). Fees and procedures can also change. Check the current rule before relying on one of these replies.

## Who can apply for a collective mark?

> 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.
>
> [CNIPA reply of May 10, 2022](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=393006), translated by Ginbing

## Can an association apply for an ordinary mark, or only a collective one?

> You can choose according to your needs.
>
> [CNIPA reply of April 9, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=54129), translated by Ginbing

## Can members of a collective mark be individuals?

> Either enterprises or individuals.
>
> [CNIPA reply of December 26, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=48280), translated by Ginbing

## Are the name and goods of a non-geographical collective mark restricted, and who can be listed as members?

> 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.
>
> [CNIPA reply of March 3, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=347456), translated by Ginbing

## Can one applicant hold an ordinary mark and a collective mark for the same sign on the same goods?

> 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.
>
> [CNIPA reply of March 11, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=51753), translated by Ginbing

## An association holds an ordinary mark and wants it to be collective: must it re-apply?

> It must apply again.
>
> [CNIPA reply of December 30, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=48472), translated by Ginbing

## After cancelling an ordinary mark, must the association wait a year to file the collective mark?

> The cancellation and the application can be filed at the same time.
>
> [CNIPA reply of August 17, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=366889), translated by Ginbing

## Can a geographical indication be registered as both a collective and a certification mark?

> A geographical indication is filed in the form of a collective mark or a certification mark. The same mark cannot be both.
>
> [CNIPA reply of March 24, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=349671), translated by Ginbing

## Who may hold and use a geographical indication mark?

> 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.
>
> [CNIPA reply of April 12, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=351171), translated by Ginbing

## Can a geographical indication certification mark be filed before the product is recognized as a geographical indication product?

> Yes.
>
> [CNIPA reply of August 16, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=39866), translated by Ginbing

## Can a place name plus a farm product be filed as a collective mark only?

> Yes.
>
> [CNIPA reply of December 11, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=341311), translated by Ginbing

## Are geographical indication marks renewed in the same way as ordinary marks?

> Yes.
>
> [CNIPA reply of October 11, 2019](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=43185), translated by Ginbing

## Can a collective mark be assigned to an individual or a company?

> 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.
>
> [CNIPA reply of March 22, 2021](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=349212), translated by Ginbing

## What is needed to assign a collective, certification or geographical indication mark?

> 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.
>
> [CNIPA reply of March 6, 2020](https://www.cnipa.gov.cn/jact/front/mailpubdetail.do?sysid=13&transactId=51424), translated by Ginbing

## Related pages

- [CNIPA's answers on marks and use](/docs/china-trademark/cnipa-answers-marks-and-use)
- [CNIPA: Application FAQ](/docs/china-trademark/cnipa-guide-application-faq)