The Study On The Chinese Legal On Certification Marks System From The Aspect Of Chateau Wine Certification Marks

Chateau Wine certification mark was registered by Chinese Alcohol Association intended to improve the quality of domestic wine and to protect and regulate Chateau wine market in China. However, this move shows the ignoring of the essential characteristics, terroir and flavor, of the Chateau wine. What's more to some extent it misled the awareness of consumers about Chateau wine and the development of domestic wine. It also reflects the situation that there are many problems in defining and protecting certification marks in China's current legal system.The current legal system of certification marks exists problems such as multi-management, dual meaning, fuzzy system, not perfect management system and so on.This kind of situation increased the difficulty on theoretical research of the certification mark, and also limited its great value in the market competition and economic development.This paper overall analyzed the legal system of certification marks by introducing the wrong understanding of the Chateau Wine certification mark. It analyzed the certification mark in Trademark Law contains specific quality certification marks and origin certification marks, the delimited private property of certification marks. Meanwhile, certification mark system was rebuilt to forbid the registration of certification marks by government and the specific quality certification marks was assigned to the scope collective mark. And finally, specific legislative recommendations are based on the present situation against the lack of management system, imperfect legal remedies.