Measures for the registration and administration of collective trademarks and certification marks

Promulgated by Decree No. 22 of the State Administration for Industry and Commerce on December 30, 1994 and amended by Decree No. 86 of the State Administration for Industry and Commerce on December 3, 1998
Article 1 These Measures are formulated in accordance with the Trademark Law of the People's Republic of China and the Implementation Rules of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law and the Rules respectively).
Article 2 Collective marks refer to goods or service marks used by members of industrial and commercial associations, associations or other collective organizations to indicate that the operators of goods or providers of services belong to the same organization.
Certification marks are goods or service marks controlled by an organization that has the ability to test and supervise a product or service, and used by a person other than that organization on a product or service to prove the origin, raw materials, manufacturing methods, quality, accuracy or other specific qualities of the product or service.
Article 3 The Trademark Office shall establish a Collective Trademark Register and a Certification Trademark Register to register collective trademarks and certification marks. An enterprise or institution that complies with Article 2 of the Rules and has the status of a legal person may apply for the registration of a collective trademark or certification mark. Collective marks and certification marks that have been approved and registered by the Trademark Office shall be protected by law.
Article 4 An application for the registration of a collective trademark or a certification trademark shall, in accordance with the provisions of Article 9 of the Detailed Rules, submit to the Trademark Office an Application for Trademark Registration, the trademark drawing and the black and white ink draft of the trademark, together with the qualification certificate of the subject and the rules governing the use of the trademark.
Where an application is made to certify the registration of a trademark, it shall also provide a certification document issued by the relevant competent authority indicating that the applicant has the ability to detect and supervise the specific quality of a certain commodity or service.
Article 5 The rules governing the use of collective trademarks shall include:
(1) The purpose of using the collective trademark;
(2) members of a collective using the trademark;
(3) the quality of goods or services for which a collective trademark is used;
(4) The conditions for using the trademark;
(5) The procedures for using the trademark;
(6) The rights and obligations of collective members and the responsibilities for violations of these rules.
The rules governing the use of certification marks shall include:
(1) The purpose of using the certification mark;
(2) the specific quality and characteristics of the goods or services that the trademark certifies;
(3) the conditions for using the trademark;
(4) the procedures for using the trademark;
(5) The rights and obligations of the use of certification trademarks and the liability for violation of the Rules.
Article 6 The Trademark Office shall, in accordance with the relevant provisions of the Trademark Law and the Detailed Rules and these Measures, examine the applications for registration of collective trademarks or certification marks accepted, and shall approve the words, graphics and their combinations that truly express the specific qualities of certification marks.
The content of the announcement of preliminary examination and approval of a collective trademark or certification trademark shall include the full text or summary of the rules governing the use of the trademark.
Article 7 Any member to which the registrant of a collective trademark belongs may use the collective trademark, provided that the necessary procedures are carried out in accordance with the rules governing the use of the collective trademark.
A collective trademark may not be licensed for use by non-members of the collective.
Article 8 Any person who meets the conditions stipulated in the Rules for the Administration of the use of a certification mark may use the certification mark after fulfilling the formalities prescribed by the registrant. Where the goods or services provided by a party meet the conditions specified in the certification mark, the registrant may not refuse to use them.
Article 9 Any amendment to the rules governing the use of collective trademarks and certification marks shall be examined and approved by the Trademark Office and shall take effect as of the date of announcement.
Article 10 A certifying trademark registrant shall, within one month after going through the formalities for the use of the certifying trademark with another person, report the name, address, goods or services used by the user to the Trademark Office for the record, which shall be published by the Trademark Office.
Article 11 The registrant of a certification mark shall not use the certification mark in respect of the goods or services it provides.
Article 12 When proving the transfer of a trademark, the assignee shall provide the certification documents provided for in Article 4 of these Measures, which shall be examined by the Trademark Office and published after approval, and shall take effect as of the date of announcement.
A collective trademark may not be transferred.
Article 13 For those who violate the provisions of Article 10, Article 11 and Article 12 of these Measures, the Trademark Office may order correction within a time limit, give a warning according to the circumstances, impose a fine of not more than three times the amount of illegal income, but the maximum is not more than 30,000 yuan, and impose a fine of not more than 10,000 yuan if there is no illegal income.
Article 14 Where the registrant certifying a trademark fails to perform its duty of control, resulting in the failure of the goods or services of the user certifying a trademark to meet the requirements of the rules governing the use of a certification trademark and causing damage to consumers, the registrant shall be liable for compensation.
Where the registrant of a collective trademark or certification trademark loses control of the use of his trademark, the Trademark Office may order correction within a time limit, give a warning in light of the circumstances, and impose a fine of not more than three times the amount of illegal income, but not more than 30,000 yuan, or impose a fine of not more than 10,000 yuan if there is no illegal income.
Article 15 Where a collective trademark or certification trademark has been revoked or is not renewed upon expiration, the Trademark Office shall not register any trademark identical with or similar to the said trademark within two years from the date of cancellation or expiration.
Article 16 Where the exclusive right to use a collective trademark or a certification trademark is infringed upon, the registrant may, in accordance with the relevant provisions of the Trademark Law and the Detailed Rules, request the administrative authority for industry and commerce to handle the matter, or directly bring a suit in a people's court, and the user who has been announced may participate in the above-mentioned request as an interested party.
Article 17 When a registrant of a collective trademark or certification mark permits another person to use its trademark, it issues a collective Trader Standard Certificate or Certificator Standard Certificate (in the form of an approved certificate), and may charge a certain management fee, but it may not be for the purpose of making profits. This fee shall be used exclusively for the administration of its trademark.
Article 18 No official mark or inspection mark prescribed by state laws or regulations may be registered as a collective trademark or certification mark without the approval of the relevant competent department of the State.
Article 19 In addition to the provisions of these Measures, the relevant provisions of the Trademark Law and the Rules are also applicable to collective trademarks and certification marks.
Article 20 These Measures shall come into force as of the date of promulgation and shall be interpreted by the State Administration for Industry and Commerce.