On Outflanked PRC Trademark Registrations of Geographical Designations of Origins of Famous Taiwanese Products, Farmers’ Associations to File Applications for Collective Membership Marks with PRC Trademark Office.

Geographical designations of the origins of famous Taiwanese tea products were outflanked for registrations in the PRC.  There is solution to fix this problem.  The MOEA called an inter-department meeting the other day to discuss this issue.  In conclusion of the meeting, the farmers’ associations concerned will file the geographical designation(s) concerned with the PRC Trademark Office (CTMO) for registration as collective membership marks.

 

The Council of Agriculture, Executive Yuan and the MOEA both will be responsible for assisting tea farmers seeking registration of certification marks and negotiating with the Taiwanese holders of the outflanked PRC trademark registrations for possible assignment or trademark license.  The MOEA invited the relevant departments and scholars for a meeting on 20 September 2006 to discuss the overall policy with respect to the protection of famous geographical designations.  It is agreed at the meeting that the relevant farmers’ associations and fishermen’s associations should file the geographical designation(s) concerned with the CTMO for collective membership marks registration.

 

According to the current Trademark Act, famous geographical designations may be filed for registration of certification marks or collective membership marks.  Manufacturers operating in the designated area who meet the standards (including conditions and method) represented by the registered certification mark or collective membership mark may use the mark on their products. 

 

However, it would be problematic for the relevant farmers’ or fishermen’s association to file geographical designations of origin of agricultural or aquatic products for certification mark registration in their own names.  The reason is that according to the third paragraph of Article 72 of the Trademark Act, an applicant who engages in business in connection with the goods or services to be certified by the mark shall not apply for certification mark registration.  On the other hand, a collective membership mark is used to represent the goods or services provided by the members of the group concerned so there should be no problem for the relevant farmers’ or fishermen’s association to file geographical designations of origin of agricultural or aquatic products for certification mark registration in their names.  However, whether the farmers’ or fishermen’s association may prevent non-members from using the registered collective membership mark in the capacity as the holder of the mark will be open to question.  (2006.9)

/EMA