The basic function of an ordinary trademark is mainly to indicate that a certain product or service originates from a specific enterprise, while a certification trademark is only to prove that the product or service using the trademark has a specific quality, meets certain conditions, or meets certain requirements. An important feature of certification marks is the separation of the registrant and the user.
For ordinary trademarks, the registrant can use it himself or allow others to use it. As for the certification mark, the registrant can only allow people who meet the specified conditions to use it on the goods or services they provide, and cannot use it himself, and the applicant for registration of a certification mark usually cannot be an individual. The difference between a certification mark and a common trademark (goods and service marks) (1) A certification mark indicates that the goods or services have a certain quality, and the common mark indicates that the goods or services come from a certain operator.
(2) The registrant of a certification trademark must be an organization established in accordance with the law, with legal personality, and with the ability to detect and supervise the specific quality of goods and services, and the applicant for registration of a common trademark only needs to be a legally registered operator.
(3) When applying for registration of a certification mark, the management rules must be submitted in accordance with the "Registration and Management Measures for Collective Marks and Certification Marks". For ordinary trademarks, applications only need to be submitted in accordance with the "Trademark Law" and the "Regulations for the Implementation of the Trademark Law".
(4) The registrant of a certification mark cannot use the certification mark on the goods or services he manages. Ordinary trademarks must use his own registered trademark on the goods or services he manages.
(5) The certifier standard permits others to use the procedures in accordance with the "Registration and Management Measures for Collective Marks and Certification Marks" and issues a "License of Use". The common trademarks permit others to sign a license contract.
(6) Both certification trademarks and ordinary trademarks can be transferred. However, the assignee of the certification mark must be an organization established in accordance with the law, with legal personality and the ability to test and supervise. The transferees of ordinary trademarks include legally registered individual businesses and partners.
(7) The Trademark Office shall not approve the registration of the same or similar trademark within two years of the expiration of the certification mark. For ordinary trademarks, the Trademark Office can approve the registration of the same or similar trademark within one year.
Qualifications and conditions of applicants for certification of trademark registration
(1) According to Article 3 of the "Trademark Law" and Article 2 of the "Registration and Administration of Collective Marks and Certification Marks", the main qualifications of trademark registration applicants applying for collective trademarks in China are as follows:
"An organization that has the ability to supervise a certain product or service"
(2) The conditions that should be met are:
A. It must be a legally registered enterprise or institution with legal personality.
B. The applicant’s subject qualification certificate issued by the local industry and commerce administration department, that is, the legal document that the applicant has registered according to law and has legal personality, shall also be provided by the competent department stating that the applicant has registered the goods or services designated by the applicant. A document that proves that the specific quality has the ability to detect and supervise.
C. It is necessary to formulate the management rules for the use of the certification mark applied for.