- The regulations contain 28 provisions across several critical topics
- Registrants of collective and certification marks must implement several acts to carry out their trademark management duties
- Registrants do not have the right to prohibit certain legitimate uses of geographical names contained in collective and certification marks
The China National Intellectual Property Administration (CNIPA) issued the Regulations on Collective and Certification Trademarks on 29 December 2023, effective 1 February 2024. The regulations aim to optimise the registration of collective and certification trademarks.
Collective and certification marks
Collective marks are signs registered in the name of bodies, associations or other organisations, and used by the members in commercial activities to indicate their membership in the organisations.
Certification marks are signs controlled by organisations capable of supervising goods or services, and used by entities or individuals outside the organisation for their goods or services to certify the origin, material, type of manufacturing, quality or other characteristics of the goods or services.
Key provisions
The regulations contain 28 provisions across critical topics, including management requirements, brand building and geographical names.
Management requirements
Registrants of collective and certification trademarks must implement several acts to carry out their trademark management duties and ensure the quality of goods. These include:
- allowing collective members to use the collective trademarks in accordance with the rules of use management and licensing others to use the certification trademarks;
- timely disclosing information on collective members and users and the rules of use management;
- checking whether the use of the collective members and users is in accordance with the rules of use management;
- checking whether the goods using the collective and certification trademarks comply with the quality requirements of the use management rules; and
- timely cancelling the qualifications for the use of collective and certification trademarks of collective members and users who do not comply with the rules of use management, and fulfilling the procedures for change and recordal.
The above requirements tighten the overall management of collective and certification trademarks and ensure the quality of goods.
Brand building
Collective and certification trademark registrants, collective members and users shall reinforce brand building through several responsibilities:
- strengthen self-discipline, establish product traceability and monitoring mechanisms, and formulate risk control plans to maintain the image and reputation of the trademarked brand;
- encourage the adoption or development of advanced standards to meet market demand and establish a good image of the trademarked brand; and
- combine local characteristics and resources, explore the cultural connotation of the trademarked brands, formulate development plans for the brand’s construction, carry out publicity and promotions, and enhance the value of trademarked brands.
The above provisions clarify the responsibilities expected by registrants of collective and certification trademarks.
Geographical names
Trademark registrants do not have the right to prohibit the following acts of legitimate use of geographical names contained in collective and certification trademarks:
- use in a trade name;
- use in the ingredient lists and packaging bags, among others, to indicate the place of origin of products and their raw materials;
- use on commodities to indicate the place of origin or geographical source;
- use in the details of commodities and commodity attributes on internet platforms or stores to indicate objectively the geographical source; and
- other legitimate use of geographical names.
The legitimate use of geographical names in collective and certification trademarks shall comply with the purpose of factual description, be in line with commercial practice, and shall not violate other legal provisions.
Comment
The previous measures covering collective and certification trademarks came into force in 2003. With two rounds of amendments to the Trademark Law having occurred in the meantime, practitioners eagerly awaited the regulations.
The regulations impose stricter rules on collective and certification trademarks, while guiding the use of geographical names in such marks.
This article first appeared in WTR Daily, part of World Trademark Review, in March 2024. For further information, please go to www.worldtrademarkreview.com.
