Newsletter
REGULATIONS ON COLLECTIVE MARKS AND CERTIFICATION MARKS
In order to strengthen the regulation of collective marks and certification marks, on 17 April 2003 the PRC State Administration for Industry and Commerce promulgated its Regulations Gov-erning the Registration and Management of Collective Marks and Certification Marks, which took effect on 1 June 2003.
Under the regulations, an applicant for the reg-istration of a collective mark must submit documents evidencing that it is an eligible body, and must state in detail the names and addresses of its members. An applicant for the registration of a geographical mark as a collective mark must submit documents evidencing that it is an eligi-ble body, and must state in detail various infor-mation including the specialist technical per-sonnel and specialized inspection and test equipment possessed by it or by an organization commissioned by it, to demonstrate that it has the capability to supervise the specific quality of the goods on which the geographical mark is to be used.
An applicant for the registration of a certification mark must submit documents evidencing that it is an eligible body, and must state in detail the specialist technical personnel and specialized inspection and test equipment possessed by it or by an organization commissioned by it, to demonstrate that it has the capability to supervise the quality of the specific goods on which the certification mark is to be used.
An applicant to register a geographical mark as a collective mark or certification mark must fur-ther submit approval documents issued by the government agency with jurisdiction over the geographical area designated by the geographi-cal mark. Where a foreigner applies for the reg-istration of a geographical mark as a collective mark or certification mark, he must provide evidence that his use of the geographical mark in his own name is protected under the laws of his home country.