Those who registered the geographical indication certification trademark
Editor’s note: This article comes from the WeChat public account “Beijing Law Network” ID: jingfawangshi) , author: Zhao Kangbin.
2020 is the year of completion of a well-off society in an all-round way. Well-off is not a well-off society. The key is to look at the fellows. To win the battle against poverty is a top priority for a well-off society.
In the fight against poverty, many geographical regions actively cultivated geographical indication trademarks to help fight poverty. According to statistics from the Geographical Indications Service Center, as of the end of 2019, the number of geographical indication trademarks in China has reached 5,324. Geographical indication certification marks are the benchmark for driving local economic development, and the prices of agricultural products bearing geographical indication certification marks are generally higher than similar prices. In this critical year of poverty alleviation, let’s talk about the registration of geographical indication certification trademarks.
[Introduction to the case]
A society of animal husbandry, veterinary medicine and aquatic products applied to the Trademark Office of the State Administration for Industry and Commerce (Trademark Office for short) on December 8, 2016 for registration of the “Longyan Mountain Ma Ya” certification mark (abbreviated as trademark for dispute) , Where the trademark type is a certification trademark, and the designated product is Class 31 “Live Duck”.
Beijing Intellectual Property CourtAfter trial, the decision of the Trademark Review and Adjudication Board was revoked, and the trademark disputed on the “live duck” product should be approved for registration. The judgment is now in effect.
[Case review]
01 Whether the certification mark can be compared with the common mark similarity
At the stage of litigation, the plaintiff claimed that the disputed trademark is a certification trademark, which has different functions compared to ordinary trademarks, and it is impossible to compare the disputed trademark with the cited trademark similarly.
But the Beijing Intellectual Property Court believes that whether a certification mark or an ordinary product or service mark is essentially a type of trademark, the basic function of a trademark is to distinguish the source of goods or services. Although there are differences between certification marks and product or service marks, and there are special regulations on the registration and management of certification marks, the application for registration of certification marks should still follow the provisions of Article 30 of the Trademark Law to avoid the relevant public ’s Trademarks cause confusion and misrecognition. Therefore, the certification mark can be compared with the ordinary mark.
02 Similarity comparison of geographical indication certification marks
On the premise that the certification mark and the common mark can be similarly compared, what considerations will be given to the similarity comparison of the geographical indication certification mark and the common mark?
In this case, the plaintiff claimed that “Longyan Mountain Ma Ya” had a long history before applying to the Trademark Office for registration of “Longyan Mountain Ma Ya” as a trademark. Apply for registration of geographical indication certification trademark.
But the verbal evidence is unfounded, and the evidence can only be seen in court. For this reason, the plaintiff submitted the “Longyan Mountain Ma Duck” agricultural product registration approved by the Ministry of Agriculture and allowed the use of agricultural product geographical indications on agricultural products or agricultural product packaging “Certificate of Agricultural Product Geographic Product Identification Registration” for public identification, and “Longyan City Yearbook of Fujian Province (1998)”, “Longyan Xinluo District Record (1988-2002)”, “Longyan City Record”, “Fujian Xinluo Yearbook”, etc. Local chronicles and yearbooks compiled by local governments, Fujian Provincial People’s Government, Longyan Municipal Party Committee and People’s Government and other departments have awarded scientific and technological awards for the selection of supporting species of mountain hemp ducks, and standards of mountain hemp duck breeds.
Combining the evidence submitted by the plaintiff, and considering that the plaintiff is a social group legal person in charge of the Agricultural Bureau of Xinluo District, Longyan City, its business scope includes the special breeding of mountain horse duck, so the Beijing Intellectual Property Court found that “Longyan Mountain” “Ma Duck” is a unique poultry species in Xinluo District, Longyan City, Fujian Province. After years of cultivation and promotion, it has already gained a certain reputation.The product composition is similar, but it still does not cause confusion and misunderstanding by the relevant public. The final judgment of the disputed trademark shall be approved for registration. (It seems that the plaintiff has made full preparations ~)
Beijing Mallet General Method
Zhongning wolfberry, Korla fragrant pear, Yangcheng Lake hairy crab, Gannan navel orange, Pinggu large peach … In recent years, more and more agricultural products have joined the ranks of geographical indications, and after taking the “fast train” of geographical indication products protection The rapid development of the brand industry has become a “golden signboard” that goes to the whole country and even goes abroad.
Geographical indications are mainly used to identify the origin of a product, the quality of the marked product, specific quality, special reputation or other certain characteristics, for increasing the added value of the product and farmers ’income, promoting local economic development, The protection of traditional cultural heritage plays an important role.
Geographical indications and trademarks are unique signs used to distinguish goods or services in the market. Both can convey information about the source of goods or services, enabling consumers to associate a particular quality with a certain product or service Connect.
Geographical indications can be protected and managed by applying to the State Intellectual Property Office for registration as a collective trademark or certification mark, or for special indications of geographical indications or in the form of registration at the Ministry of Agriculture. However, after registering a geographical indication as a trademark, its protection will be stronger, and it will be more conducive to brand building and product efficiency.
When applying a geographical indication as a trademark, it still needs to pass the threshold of trademark similarity review, but how to successfully pass this threshold requires the applicant to prepare sufficient evidence. Although geographical indication products are uniquely regional and based on their different characteristics from similar products, they initially have the function of distinguishing similar products by their geographical indications, but applicants should still take trademark applications for geographical indications seriously and submit sufficient evidence to prove that Products with geographical indications have unique characteristics and popularity due to special geography, environment, production methods, etc., and thus have the function of distinguishing similar products.
In the case of this article, the plaintiff submitted the “Longyan Mountain Ma Ya” “Agricultural Geographic Product Identification Registration Certificate”, local chronicles and yearbooks compiled by multiple local government bodies, breed selection documents, and local government development plans, etc. , Fully proved the particularity of the product of “Yama Ma Duck” produced in Longyan area.Registered by the court.
Zhongning wolfberry, Korla fragrant pear, Yangcheng Lake hairy crab, Gannan navel orange, Pinggu large peach … In recent years, more and more agricultural products have joined the ranks of geographical indications, and after taking the “fast train” of geographical indication products protection The rapid development of the brand industry has become a “golden signboard” that goes to the whole country and even goes abroad.
Geographical indications are mainly used to identify the origin of a product, the quality of the marked product, specific quality, special reputation or other certain characteristics, for increasing the added value of the product and farmers ’income, promoting local economic development, The protection of traditional cultural heritage plays an important role.
Geographical indications and trademarks are unique signs used to distinguish goods or services in the market. Both can convey information about the source of goods or services, enabling consumers to associate a particular quality with a certain product or service Connect.
Geographical indications can be protected and managed by applying to the State Intellectual Property Office for registration as a collective trademark or certification mark, or for special indications of geographical indications or in the form of registration at the Ministry of Agriculture. However, after registering a geographical indication as a trademark, its protection will be stronger, and it will be more conducive to brand building and product efficiency.
When applying a geographical indication as a trademark, it still needs to pass the threshold of trademark similarity review, but how to successfully pass this threshold requires the applicant to prepare sufficient evidence. Although geographical indication products are uniquely regional and based on their different characteristics from similar products, they initially have the function of distinguishing similar products by their geographical indications, but applicants should still take trademark applications for geographical indications seriously and submit sufficient evidence to prove that Products with geographical indications have unique characteristics and popularity due to special geography, environment, production methods, etc., and thus have the function of distinguishing similar products.
In the case of this article, the plaintiff submitted the “Longyan Mountain Ma Ya” “Agricultural Geographic Product Identification Registration Certificate”, local chronicles and yearbooks compiled by multiple local government bodies, breed selection documents, and local government development plans, etc. , Fully proved the particularity of the product of “Yama Ma Duck” produced in Longyan area.Registered by the court.