How to apply for a geographical indication in China?

Updated: Dec 27, 2018 govt.chinadaily.com.cn Print

How to apply for a geographical indication in China?

There are three national departments engaged in the registration and management of geographical indications.

1. The Ministry of Agriculture is responsible for the registration of geographical indications of agricultural products.

The applicant submits an application to the provincial organs. After preliminary examination of the materials, on-site inspection and comprehensive evaluation, the application is submitted for examination to the Quality and Safety Center of the Ministry of Agriculture. After expert evaluation and publicity, the applicant will be issued with a geographic indication certificate.

2. The General Administration of Quality Supervision, Inspection and Quarantine is responsible for the registration of geographical indication products.

The applicant submits an application to the related governmental department, and the scope of origin will be proposed by the local government. The Provincial Quality and Technical Supervision Bureau and Exit-Entry Inspection and Quarantine will give the preliminary opinions on the product and deliver the relevant documents and materials to the General Administration of Quality Supervision, Inspection and Quarantine. A public notice of acceptance will be published if the product passes the examination.

3. The geographical indication for collective trademarks and certified trademarks is approved by State Administration for Industry & Commerce.

According to the law, any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall appoint any of such organizations as designated by the State to act as its or his agent.

Geographical indication registration documents

1. For the geographical indications of agricultural products.

(1) Application for geographical indications registration

(2) Certificate of applicant's qualification

(3) Agricultural geographical indicators product quality appraisal report

(4) Technical specifications for quality control

(5) Certain documentation of geographical scope and the map of production

(6)Product physical samples or sample pictures

(7)Other necessary materials

(8)On-site verification report of the geographical indications of agricultural products

(9)Examination report of the geographical indications of agricultural products.

2. For geographical indication products.

(1) Application for the protection of foreign geographical indication products in China.           

(2) Name and address of the applicant, contact number, contact person, address and contact number in China.

(3) The originals of official certificates authorized for the protection of geographical indications in the country or region of origin and their notarized Chinese translations.           

(4) Recommendation documents issued by the original authorities of the geographical indication and the original official documents registered and protected in China and their notarized Chinese translations.

(5) The scope of origin issued by the original authorities of geographical indications and its notarized Chinese translation .

(6) Technical requirements for the quality of the product.

(7) Testing report and its notarized Chinese translation.

(8) Other supporting certification materials.

3. For the geographical indications trademark.

(1) Application for trademark registration.

(2) Letter of attorney for trademark agency.

(3) Certificate of applicant's principal qualification.

(4) Management of using the geographical indication of collective trademark and certified trademark

(5) Law protection certification of the geographical indication in its original country.

(6) Certification of applicant's supervisory and testing ability.

The payment and time of the registration

1. For the geographical indications of agricultural products.

The payment is 3,000 for government fee, 100,000 for agency fee, and the time is 8 months.

2. For geographical indication products.

The payment is 3,000 for government fee, 100,000 for agency fee, and the time is 8 months.

3. For the geographical indications trademark.

The payment is 3,000 for government fee, 50,000 for agency fee, and the time is 12 months.

 

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