The green food mark is a certification trademark

The green food mark is a quality certification trademark registered by China Green Food Development Center in the Trademark Office of the State Administration for Industry and Commerce, and is protected by the national Trademark Law. The scope of registration of green food certification marks covers nine categories of products under the International Classification of Goods and Services for Trademark Registration. The use of green food marks on the packaging of food production enterprises must be approved by the China Green Food Development Center, otherwise it is a trademark infringement act, and will be investigated and punished by the administrative department for industry and commerce according to law, and even be referred to the people's court.

Due to the nature of the green food mark is a certification mark, there are many differences with ordinary trademarks:

(1) The registrant of an ordinary trademark may be a natural person, enterprise or other organization that needs to use the trademark; The registrant of the certification mark must be an organization with the ability to detect and supervise the quality and characteristics of the goods or services proved. Individuals may not register certification trademarks.

(2) When examining the principal qualification of an ordinary trademark applicant, the trademark authority only examines whether it is true and legitimate, and does not examine its ability; However, the authenticity and legitimacy of the applicant's subject qualification and whether it has the corresponding detection and supervision ability should be strictly examined for the green food mark. The contents of the examination include: first, the applicant's main qualification certification documents, that is, to examine whether it is a legitimate relevant organization and has the corresponding credibility; The second is the applicant's testing and supervision ability, that is, to examine whether it has or entrusts the corresponding testing institutions to carry out long-term effective scientific monitoring; The third is the "Rules for the Administration of the Use of Certification Marks" and other documents submitted by the applicant, including the purpose of using the certification mark, the specific quality of the certified goods (or services), the conditions for using the certification mark, the procedures to be handled, the rights and obligations of the user of the certification mark and the responsibility for violating the rules. These conditions are strictly examined to ensure that the trademark registrant has the appropriate testing, supervision and control capabilities.

3. Ordinary trademark registrants register trademarks mainly for their own use; The registrant of the certification trademark shall not use the trademark itself, and shall not use the certification trademark as a means of business for profit. The purpose of this provision is to ensure that the registrant of the certification mark is objective and impartial, and to uphold its role as the promoter of the cause related to the certification mark and the supervisor of the use of the certification mark.

(4) The registrant of an ordinary trademark may freely choose the object to be licensed to use the trademark, license others to use the trademark, and may voluntarily refuse others to use the trademark; The conditions for the use of a certification mark are clear and open, and the enterprise concerned may voluntarily submit an application for the use of the certification mark to the certification mark registrant. For enterprises that do not meet the conditions for certifying the use of the trademark, the certifying trademark registrant cannot allow it to use the trademark; Where the conditions for the use of the certification mark are met and the required procedures are fulfilled with the registrant, the registrant of the certification mark shall not refuse to use it.