Trademark Act Article 91Nov. 30, 2016

Provisions applied mutatis mutandis to geographical collective trademark

Paragraph 2 and Paragraph 3 of Article 82 and Article 84 shall apply mutatis mutandis to geographical collective trademarks.

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Trademark Act Article 82Nov. 30, 2016

Requirements of application for registration of certification mark

An applicant of an application for registration of a certification mark shall file documents of proof of its competence to certify another person’s goods or services, regulations governing the use of the certification mark, and a declaration that it does not carry on a business involving manufacture and marketing of goods or provision of services of the kind certified.

If there is any doubt about the representativeness of the applicant of an application for registration of a geographical certification mark, the Registrar Office may consult and seek advice from the central government authorities in charge of business related to such goods or services. "A foreign juridical person, group or government agency, who files an application for registration of a geographical certification mark, shall file documents of proof of such geographical certification mark being protected in the name and country of origin of such applicant.

The regulations governing the use of the certification mark referred to in Paragraph 1 shall specify the following:
(1) the characteristics to be certified by the certification mark;
(2) the conditions on the use of the certification mark;
(3) the methods of managing and supervising the use of the certification mark; and
(4) the procedures for applying to use the certification mark and resolving disputes thereof.

The Registrar Office shall publish the registration of the certification mark along with regulations governing the use of such mark; any amendment of such regulations after registration is not effective unless the amended regulations are accepted and published by the Registrar Office.

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Trademark Act Article 84Nov. 30, 2016

Special provisions for geographical certification mark

Subparagraph 1 of Paragraph 1 and Paragraph 3 of Article 29 shall not apply to the geographical name in a geographical certification mark.

A registered geographical certification mark shall not entitle the proprietor to prohibit a third party from indicating place of origin in relation to his/her own goods or services, in accordance with honest practices in industrial or commercial matters.

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Trademark Registration