1. For an application for registration of a collective mark or certification mark:
In addition to the documents specified at Point 7.1.a above, the application must also contain the following documents:
a/ Rules on the use of the collective mark/certification mark;
b/ Explanation of particular characteristics and quality of the product bearing the mark (if the to-be-registered mark is a collective mark used for a product with unique characteristics or a mark for certification of the quality of a product or a mark for certification of geographical origin);
c/ Map showing the indicated territory (if the to-be-registered mark is a mark for certification of the geographical origin of a product).
2. Requirements for written declarations
An applicant shall submit two written declarations, made according to a set form (not printed herein), with the following attentions:
a/ The section of mark description in the application must clearly indicate the type of mark sought to be registered (common mark, collective mark, association mark, certification mark);
b/ If the mark sought to be registered is an association mark, the applicant shall clearly indicate associated elements being marks or goods or services according to the following provisions:
(i) If associated elements are marks (similar to another mark of the very applicant used for the same goods or service or used for similar goods or services), the applicant shall clearly indicate a mark considered substantial among those association marks (if any). If one or several of those marks have been registered or stated in the previously filed applications, the applicant shall clearly indicate the serial numbers of the protection titles and the previously filed applications.
(ii) If associated elements are goods or services (a mark used for similar or interrelated goods or services), the applicant shall clearly indicate a goods or service considered substantial among those goods or services (if any). If one of those goods or services has been previously registered or stated in a previously filed application, the applicant shall clearly indicate the serial numbers of the protection title and previously filed application.
(iii) If the applicant fails to clearly indicate a substantial mark or a substantial goods or service, then all marks and all goods or services related to the mark stated in his/her application shall be considered independent from one another. The assessment of distinctiveness of the mark stated in the application may not exceptionally apply to association marks defined at Point e, Clause 2, Article 74 of the Intellectual Property Law, but must comply with general provisions on assessment of distinctiveness of Point 39 of this Circular.
c/ For a certification mark, the applicant shall clearly indicate in the written declaration the certification purpose, content and method (certify what: certification of quality, origin, geographical origin or combination thereof; certification content: specific conditions on the entity, goods or services; how to certify: order and procedures for grant of certification licenses, method of inspection and maintenance of the certification purpose and content).
3. Requirements for regulations on use of collective marks and certification marks
A regulation on use of a collective mark and a regulation on use of a certification mark must have relevant contents specified in Clauses 4 and 5, Article 105 of the Intellectual Property Law and clarify the following matters:
a/ Brief information on the mark, the mark proprietor and goods and services bearing the mark;
b/ Conditions for the mark registrant to license the mark and conditions for termination of the right to use the mark;
c/ Obligations of the mark user (assuring the particular quality and characteristics of a goods or service bearing the mark, submitting to the control of the mark registrant, paying the mark management charge, etc.);
d/ Rights of the mark registrant (controlling compliance with the regulation on use of the mark, collecting the mark management charge, suspending the mark use right of a person who fails to satisfy the conditions specified in the mark use regulation, etc.);
e/ Mechanism of licensing, control and inspection of use of the mark and assurance of the quality and reputation of goods and services bearing the mark);
f/ Dispute settlement mechanism.
Total access: 1189835