Continuing from Part I on the general evidentiary rules for trademark refusal review, this Part II focuses on Questions 13–20 of the CNIPA's Q&A on Key Evidentiary Issues in Trademark Refusal Review Cases, specifically the evidentiary review standards for geographical indication (GI) cases.

Across these eight questions, the Trademark Office provides a systematic response to evidentiary confusion and divergent review approaches that have long existed in practice. Below, we work through the official answers point by point and distill seven core elements for practitioners and applicants to bear in mind when handling GI-related refusal review cases.

Questions 13–20 set out seven core elements that must be proved when applying to register a GI mark. They can be summarized as follows.

ELEMENT 1

The applicant's standing

The applicant must be a nonprofit body, association, or organization whose scope of activity relates to the GI goods. Evidence includes a social-organization legal-person registration certificate, a public-institution legal-person certificate, or proof of protection under the law of the country of origin.

ELEMENT 2

Authority to apply and to supervise and administer

A domestic applicant must submit the approval document from a people's government at or above the county level, or from the competent authority, authorizing it to apply for registration and to supervise and administer the GI mark. A foreign applicant may submit proof of protection under the law of the country of origin.

ELEMENT 3

Capacity to supervise and test

The applicant must demonstrate that it can test the specific quality of the goods, either directly or through a commissioned party. Evidence includes the testing qualification certificates, a list of testing personnel, and an inventory of testing equipment for the applicant or the commissioned party; if testing is commissioned, a lawful and valid commissioned-testing agreement is also required.

ELEMENT 4

The specific geographical area of production

Evidence includes county gazetteers, agricultural gazetteers, product gazetteers, yearbooks, textbooks and similar literature, or a certifying document issued by the local government or the competent authority.

ELEMENT 5

The specific quality of the goods

The applicant must show that the goods have a specific quality — sensory or physico-chemical characteristics, method of production, and so on — that distinguishes them from like products originating outside the area. The rules governing use of the mark should include both a qualitative description and quantitative indicators.

ELEMENT 6

The causal link between the specific quality and natural/human factors

1. Natural factors: the soil, climate, topography, water quality, and other natural characteristics of the specific area of production;
   
2. Human factors: distinctive skills, traditional craftsmanship, ingredients, methods and the like.
   

The applicant must not merely list the various natural and human factors; it should focus on explaining the causal relationship between those factors and the specific quality of the goods.

ELEMENT 7

Reputation and requirements for territorial-extension applicants

• Reputation: To prove that the GI has long existed objectively and to establish its reputation, the applicant may provide published books, national-level specialist journals, ancient texts, and similar materials.
  
• Applicants extending protection to China: within three months of the date the mark is recorded in the International Register at the International Bureau, the applicant must submit through a trademark agency to the International Division of the CNIPA Trademark Office, the standing-qualification documents and the rules governing use, or else submit them during the refusal review procedure.