Collective Trademark

Article explains Definition of collective trade mark, No Individual Use Feature of Collective Trademarks,  Purpose of collective trade mark, Types of collective trademark, Geographical Indicators of collective mark, Conditions of filing collective trademark, Factors that make up a collective trademark, Grounds for removal of collective trademark, Lawsuit in the event of infringement of collective trademark, Benefits of collective trademark and Required documents for collective trademark.

Definition of collective trade mark

SECTION-2 of Trademark act, 1999

Section 2 (g) “collective trade mark” –

means a trademark distinguishing the goods or services of members of an association of persons (not being. a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those of others.

In simple terms–

It means mark which is used to distinguish the goods and services- provided or produced by members of an organisation,

• Owned by Organisation
• Used by its members

Collective trademarks can take the shape of words, letters, numbers, names, or logos, just like any other sort of trademark. A collective trademark, on the other hand, represents an organisation or its members as opposed to a regular trademark, which represents goods and services.

Since collective trademarks typically refer to a group or its members, they can aid the public in recognizing a specific quality, level of qualification, or geographic origin.

Important Feature of Collective Trademarks – No Individual Use

The use of collective trademarks is not limited to a single person, unlike regular trademarks, as the name suggests. As long as they are employees of the organization, a collection or group of people may use it.

As an illustration, the Institute of Company Secretaries of India has the collective trademark rights to the CS qualification logo. The institute’s own ICSI logo, which should be considered as any other device mark, should not be confused with this.

While any qualified Company Secretary may use the CS qualification logo as long as they are a registered member of the institution because it is a collective mark. Most company secretaries in practice will use this mark on their visiting cards and name boards.

Purpose of collective trade mark

Collective marks are distinct under Indian trademark law since they serve a particular purpose.

The main goals of the collective trademark are to:

• Inform the public about a particular aspect of an organization, its members, and the services and goods they provide that are associated with the mark.
• By comparing the quality of each organization’s members, products, and services, if any, you can distinguish between them.

Types of collective trademark

The following are examples of collective trademarks:

• Those employed by association members
• Those trademarks filed by a corporation or association
• Identifiers that are used as geographic markers.

Geographical Indicators of collective mark

Geographical indicators are one of the key categories of collective marks. These collective marks support and safeguard the goods’ distinctive provenance. As a result, the products not only benefit from a national reorganization but also from increased global demand.

Conditions of filing collective trademark

When submitting an application for a collective mark, the applicant must include the following information.

• Name and office addresses are among the association’s fundamental information.
• The organization’s mission
• Information about who is a member and who is permitted to use the mark, including membership requirements
• Use guidelines for the collective mark
• Etiquette in handling abuse
• Safeguards against unauthorised use of the mark

Factors that make up a collective trademark

Certain requirements are outlined in the Indian Trademarks for the registration of collective trademarks in India. The following are these requirements:

• If the Registrar determines that the mark would be mistaken for something other than a collective mark, the registration of the collective trademark will be denied.
• As a result, the trademark registration application’s active section must include information that is unmistakably indicative of the mark’s collective nature.
• A collective mark cannot be registered if it is unattractive, misleading, or likely to cause misunderstanding in the marketplace, just like any other trademark.

Grounds for removal of collective trademark

According to Section 68, a collective trademark will be struck from the Trademarks Register for the following reasons:

• Non-use of the mark as a trademark under Section 47 of the Act when the mark deceives the public.
• Whenever a mark is descriptive, as defined by Section 36

Lawsuit in the event of infringement of collective trademark

According to Section 67 of the Trademark Act, 1999, the registered proprietor may launch a lawsuit in the event of an infringement. In such a case, the adjudicating court will take into account the damages of all authorized users of the mark and may impose monetary sanctions to make up for those losses.

Benefits of collective trademark

• Exclusive trademark rights
• Builds reputation and goodwill
• Unique Products
• Identifies Value
• Product Symbol
• Protection against infringement
• 10 Year-Validity
• International collective mark Registration
• Attract influential persons

Required documents for collective trademark

The following paperwork must be submitted in order to file a trademark application.

• Documents proving the applicant’s name, address, and nationality must be submitted if they are a person. Documents proving the nation or state of incorporation, together with the full address, if the application is a business. Documents supporting each partner are required if it is a partnership.
• the list of goods that need to be registered as trademarks.
• Indicate if the application is a person, a partnership, or a business.
• If a trademark application was previously submitted in another nation, it may be used to submit an application here in India by include information such as the application number, filing date, nation, and goods/services. Within two months after the application’s filing, a certified priority document or a notarized copy of it must be presented to the Trade Marks Office for this reason. If not, an English translation that has been notarized is needed.
• If there is evidence that the trademark has already been used, it must be given together with the date. It must be used, according to an affidavit that is submitted with the application. No, the phrase “usage” might include things like appearing in commercials, stamps on invoices, and letterheads.
• An authorization that includes the applicant’s name and designation and is signed by the applicant or the authorized signatory.

*****

For any type of assistance feel free to contact or reach us at: – MG Associates (Company Secretaries)- CS Manisha Mittal – 70152-77705

Disclaimer: The information presented here is only meant to be informative. Although this article was carefully crafted, it should only be regarded as general advice because it has been expressed in general terms. You should not act on the information provided in this article or refrain from acting upon it without first seeking professional advice since it cannot be relied upon to address your unique situation