CNIPA Releases the Provisions on the Registration and Management of Collective Marks and Certification Marks
On January 3, 2024, the China National Intellectual Property Administration (CNIPA) deliberated and adopted the Provisions on the Registration and Management of Collective Marks and Certification Marks (the "Provisions") and the Measures for the Protection of Geographical Indication Products. Both came into effect on February 1, 2024.
The Provisions consist of a total of 28 articles, covering the following key aspects: clarifying legislative purposes, strengthening management requirements for registrants and users, adding provisions for the registration and legitimate use of marks containing geographical names, and promoting the improvement of public services through enhanced trademark utilization. According to the Provisions, an application for registration of a certification mark should be accompanied by documents demonstrating the applicant's qualification, usage and management rules, as well as proof of the expertise and professional testing equipment possessed by the applicant or the entrusted the organization, to demonstrate the applicant's capability to oversee the quality of a specific product certified by the certification mark. An application for registration of a geographical indication as a certification mark or collective mark necessitates the submission of the approval document from the people's government at or above the county level or the competent authority governing the area indicated by the geographical indication.
(Source: China National Intellectual Property Administration)