Measures For Registering And Managing Collective Trademarks And Certification Marks (2)

(four) the rights and obligations of the use of the collective trademark; the five members are responsible for the violation of the rules of the use of management; and (six) the inspection and supervision system for the use of the collective trademark.

The eleventh rules for the administration of the use and certification of trademarks shall be: (1) the purpose of using the certification marks; (two) the specific quality of the commodities certifying the trade marks; (three) the conditions for the use of the certification marks; the procedures for the use of the certification marks; (five) the rights and obligations to use the certification marks; (six) the users' responsibilities for violating the rules of use management; and (seven) the registration and supervision system for the commodities registered by the registrants.

The twelfth geographical indications of wine and spirits, which are registered by others as collective trademarks and certification marks, are not derived from the wine or spirits that are marked by the geographical indications. Even if they indicate the true origin of the commodity, or the words used in the plation, or are accompanied by such expressions as "certain species", "so", "so", "so" and "so", we shall apply the sixteenth provision of the trademark law.

The contents of the preliminary announcement of the thirteenth collective trademarks and certification marks shall include the full text or summary of the rules for the use and management of the trademark.

Any amendment of the collective trademark or certification trademark registrant to the use management rules shall be reported to the Trademark Office for examination and approval, and shall take effect from the date of the announcement.

If a member of the fourteenth collective trademark registrants has changed, the registrant shall apply to the Trademark Office for registration of the alteration, and be announced by the trademark office.

The fifteenth registrants of a certification trademark shall allow others to use their trademarks. The registrant shall report to the Trademark Office for record within one year, and be announced by the trademark office.

Sixteenth applications for the pfer of collective trademarks and certification marks shall be subject to the corresponding qualification of the assignee and comply with the provisions of the trademark law, the implementing regulations and the present measures.

If a collective trademark or certification trademark is pferred, the right successor shall have the corresponding subject qualification and comply with the trademark law, the implementing regulations and the provisions of these measures.

The collective members of the seventeenth collective trademark registrants may use the collective trademark after fulfilling the procedures stipulated in the rules governing the use of the collective trademarks.

Collective trademarks shall not be allowed to be used by non collective members.

If the eighteenth conditions conform to the conditions stipulated in the rules for the administration of the use of the certification marks, the certification trademark may be used after the formalities specified in the rules for the administration of the use of the certification marks are fulfilled, and the registrant may not refuse to go through the formalities.

The proper use of the geographical indication in the second paragraph of the sixth regulations of the implementation of the regulations is the proper use of the geographical names in the geographical indications.

The nineteenth person who uses the collective trademark shall issue the certificate of use of the collective trademark to the user. If a trademark is used, the registrant shall issue the user's certificate of use for certification trademark.

The twentieth certifying trademark registrants shall not use the certification mark on the commodities they provide.

The twenty-first collective marks and certification registrants of the trade mark do not have effective management or control over the use of the trademark. If the goods used by the trademark fail to meet the requirements of their management rules and cause damage to consumers, the administrative department for Industry and Commerce shall be responsible for making corrections within a specified time. If they refuse to make corrections, they shall impose a fine of not more than three times the illegal income, but the maximum amount is not more than thirty thousand yuan. If there is no illegal income, they shall be fined not more than ten thousand yuan.

The twenty-second violation of the implementing regulations sixth, fourteenth, fifteenth, seventeenth, eighteenth and twentieth shall be ordered by the administrative department for Industry and commerce to make corrections within a specified time. If a person refuses to make corrections, he shall impose a fine of not more than three times the illegal income, but the maximum amount shall not exceed thirty thousand yuan. If there is no illegal income, he shall be fined not more than ten thousand yuan.

The twenty-third measures shall be implemented from June 1, 2003.

The measures for the registration and administration of collective trademarks and certification trademarks promulgated by the State Administration for Industry and Commerce in December 30, 1994 shall be abolished simultaneously.