IP Updates

We Serve the Latest News of IP Industry
for Your Reference

Measures for Administration and Protection of Collective Trademarks and Certification Trademarks Publicized for Public Opinion

On June 7, 2022, the National Intellectual Property Administration issued the Notice on Soliciting Public Opinions on Measures for Administration and Protection of Collective Trademarks and Certification Trademarks and its revised instructions (hereinafter referred to as the Measures). 

From the perspective of standardizing the registration and use of collective trademarks/certification trademarks and maintaining fair competition market order, the registrants of collective trademarks/certification trademarks shall be guided to register with morality, exercise their rights and defend their rights effectively; the boundaries of rights shall be clarified and the legal use of trademarks and the legitimate use of others shall be taken into account; the combination of management and promotion are to be promoted by administrative organs, and comprehensive policies shall be carried out to implement the development of local industries. 

The Measures includes 35 Articles, with 13 Articles amended and merged from the previous versions and 21 Articles newly prescribed. The main amendments include: 

(1) Clarifying the requirements on qualification of the applicant; emphasizing that groups and associations established for public welfare or other non-profit purposes can serve as applicants for collectives and certification trademarks; professional agricultural cooperatives, as organizations of other categories, can apply for registration of collective trademarks other than geographical indications; 

(2) Restricting the requirements for management of registrants and users; 

(3) Adding requirements for registration of collectives and certification trademarks with place names other than geographical indications, and demanding distinctive characteristics and easy identification of signs; 

(4) Promoting the use of trademarks and improving the level of public services: registrants can formulate measures to build brands, promote and standardize the use of trademarks, enhance the value of trademarks, maintain business reputation and promote the development of local characteristic industries; 

(5) Improving administrative protection and strengthening punishment measures.