Is Shaxian snacks a collective trademark?
Shaxian snacks have entered the market because of their cheapness, affordability and fast delivery speed. Consumer vision has quickly spread to more than a dozen provinces and cities across the country, and has even entered the global market! Recently, a poster of the Japanese version of Shaxian snacks has flooded the friends' circle of friends. Common fried rice noodles, fragrant noodles, etc. The snacks, coupled with the simple design and text, have attracted many netizens to marvel. In addition to Japan, Shaxian snacks have been established in countries such as Singapore, the United States, and Germany, and are also undergoing internal changes. Previously, the Shaxian County government has been pushing for the integration of the Shaxian snack industry, but the official agreement can only use the trademark logo of the "Shaxian Snack Industry Association", and the "Shaxian Snack" has been delayed in registration, which has become a major obstacle to the official industry integration. Today, "Shaxian Snacks" and the graphic collective trademark have been successfully registered, adding confidence to the snack industry's improvement and development.
Collective trademark
Features
(1) A collective trademark does not belong to a single natural person, legal person or other organization, that is, it belongs to a community organization composed of multiple natural persons, legal persons or other organizations, which means that the goods or services originate from a certain collective organization. This collective can be a certain A specific guild, chamber of commerce and other industrial and commercial groups or other collective organizations, the providers of specific goods or services retreat behind the collective as collective members. Reflecting its characteristics of "common ownership" and "common use";
(2) A collective trademark is registered and owned in the name of a collective composed of members, and is owned by each member A collective right of common use is reflected in the application for registration of a collective trademark, which requires that only collective organizations with legal personality can apply, because only collective organizations with legal personality can own trademark rights in the independent name of their collective. ;
(3) The collective trademark is reflected in the use of the trademark
, which is expressed as a collective organization The collective mark is usually not used but is jointly used by members of the organization; members who are not members of the organization cannot use it; each member hasThe right to use equal rights, and there is no affiliation among members; at the same time, the use of collective trademarks must be supervised, and members who violate the rules of use must be dealt with; (4) A unified policy should be formulated for the registration, use and management of collective trademarks. Rules that detail the rights, obligations and responsibilities of members as well as the amount and purpose of management fees and make them public, and collective members should abide by each other and be subject to public supervision;
(5) When a collective trademark is infringed and a claim for compensation for losses is made, the losses suffered by members of the collective organization should be included;
(6) When a certain When a member withdraws from the collective, he can no longer use the collective trademark. When a new member joins, he can use the collective trademark due to his membership status. This membership status is not transferable. In this way, The right to use a trademark based on an identity relationship cannot be transferred;
(7) Geographical indications can be registered as collective trademarks. If a geographical indication is registered as a collective trademark, a natural person, legal person or other organization whose goods meet the conditions for the use of the geographical indication may request to join the group, association or other organization that has registered the geographical indication as a collective trademark. The group, association or other organization The organization shall be admitted as a member in accordance with its articles of association; any group, association or other organization that is not required to register the geographical indication as a collective trademark may also use the geographical indication legitimately, and the group, association or other organization has no right to prohibit it. It should be particularly pointed out that Article 16 of my country’s “Registration and Management Measures for Collective Trademarks and Certification Trademarks” clearly states that “when applying for the transfer of a collective trademark or certification mark, the transferee shall have the corresponding subject qualifications and comply with the Trademark Law and Implementation Regulations and the provisions of these Measures." Therefore, collective trademarks are transferable in my country.
Shaxian snacks are already very famous at home and abroad. Their taste is widely accepted and recognized by many people. Shaxian Snacks is also a collective trademark. If the above information still cannot solve your doubts, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
